Boiron.ca Terms of use
Welcome to the web site www.boiron.ca (hereinafter, « Site»), which site is the property of and is administered by Boiron Canada Inc. (hereinafter «Boiron»)
The Site was conceived and directed by
Boiron Canada Inc.
1300 René Descartes
Saint-Bruno-de-Montarville, Quebec
Canada, J3V 0B7
The Site is intended for the audiences of Boiron, in Canada, for health care practitioners, the press as well as the general public (hereinafter, « User »). The User undertakes to read the following conditions of use attentively, PRIOR to navigating the Site.
Foreword
The present conditions of use (hereinafter « Condition of Use») shall constitute the entire agreement between the User and Boiron Canada Inc. and shall supersede all others regarding access to and use of the Site. USERS WHO DO NOT WISH TO ACCEPT THE CONDITIONS OF USE SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THE WEB SITE.
Acceptance of the Conditions of Use
The User acknowledges that by browsing the Site or by using its features, the User accepts without reservation to be bound by the Conditions of Use.
The User acknowledges that the Conditions of Use may be modified at all times and at the sole discretion of Boiron. All subsequent use of the Web Site shall be considered an acceptance of the thus revised Conditions.
1. Termination
At all times and at its sole discretion, Boiron reserves its right to cancel its Conditions of Use and/or can terminate the User’s right to browse or utilise the Site or part of such as well as either of its features, the whole, without cause or notice.
2. Copyrights
The User acknowledges that all articles, text, illustrations, images, photographs, information, video clips, software and source codes available on the Site (hereinafter « Content »), including the manner with which the Content is presented, are protected under Canadian and foreign copyright laws and are all owned by Boiron, its affiliates, its licensors and/or the party accredited as the provider of the Content. The User accepts that the Site is protected under copyright law as collective work and/or compilation within the meaning of Canadian and international law. The User undertakes to respect the range of proprietary notices, information or restrictions within or regarding the Content which may be accessed via the Site and/or its features. The User understands that by these presents, Boiron grants a non-exclusive and non-transferrable licence to use and display the Site. The modification, reproduction, distribution, transmission, representation, reproduction, networking, commercialisation, publication, licencing, public performance, downloading, graphic work creations derived from the Site, including by way of framing or other, are strictly prohibited without the express permission of Boiron.
The User understands that all software embedded in or located on or at the Site, including without limitation, all computer codes of all types, including all files and/or images contained in or generated by such software , is protected by copyright. All such software is owned by Boiron, its affiliates, or third party accredited with ownership of such Software.
Except to the extent expressly permitted in this Agreement, the User shall not: i) use, reproduce, modify, adapt nor translate the Site or its Contents, in whole or in part; ii) sell, lease, license, commercialise access to the present Site or to its Content ; and/or iii) alter, remove or cover any trademarks or proprietary notices included in the Site or in its Content.
The User understands that nothing contained in the Site or in its features shall be construed as granting the User interest or other license in or to any software embedded or integrated into the Site or its features or made available for download from the Site, including, but not limited to, to any intellectual property rights in the software.
3. Trademarks
The User understands that nothing contained in the Site or in its features shall be construed as granting the User interest or other license in or to any logo, design, word, title, phrase or trademark, either current or future, owned by Boiron, its affiliates or third party accredited with ownership of such.
4. Limitation of Liability
The Site and all its Content is provided on an « as is », « as available » basis. The User navigates and uses the Site and its features at his own risk. Boiron makes no representations or warranties regarding the Site, its features, its Content including without limitation, no representation or warranty i) that the Content made available is of merchantable quality or fit for a particular purpose or that it does not violate any intellectual property rights; ii) that the operation of the Site and of its features will be safe and uninterrupted or error free; iii) that the use of the Site or of its features shall satisfy the expectations and needs of the User; iv) that the Content is accurate or complete; v) that the Site and its features are free of viruses or harmful components; vi) that communications to or from the Site or from its features will be secure or not intercepted.
In no event shall Boiron, its affiliates, administrators, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind resulting directly or indirectly from the use or performance of the Site, its features or the Contents referred to including those of other web sites the User may access through the Site, regardless of whether or not Boiron, its affiliates, administrators, employees, agents, licensors or their respective successors and assigns knew or ought to have known of the possibility of such damages.
Boiron, its affiliates, administrators, employees, agents, licensors or their respective successors and assigns disclaim any and all liability for the acts, omissions, or conduct of any third party user of the Site or its features or of any advertiser or sponsor of the Site.
Boiron, its affiliates, administrators, employees, agents, licensors or their respective successors and assigns shall under no circumstance be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expenses arising in any manner whatsoever from i) the acts, omissions or conduct of any third party User; and ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the Site.
5. Absence of Advice
The Site may, from time to time, make available information which is related to various areas of professional practice, including in particular, health and fitness (hereinafter “Professional Information”). The Professional Information is provided solely for educational purposes and shall in no case constitute a recommendation or endorsement by Boiron.
Boiron shall at no time be held liable for the Content of third party web sites linked to the Site, or for the links contained therein, nor of the modifications or updates of such, Boiron offering no guarantees to that effect.
6. Linking
Boiron authorises links to the Site but shall in no manner whatsoever be connected to a web sites i) containing Contents which incite or encourage conduct which may be criminal in nature, may give way to civil liability or may be considered a violation of any legislation or local, governmental, provincial, national or international regulation or which may be susceptible of infringing or hindering the activities, the credibility or the integrity of Boiron, or which contains, posts or transmits any material or information which overrides the moral or legal norms of the Canadian society; or ii) which contains, posts or transmits any information, software or other material which violates or transgresses the rights of others, including material which constitutes a breach of the right to privacy and protection, or which violates copyright, trademark or other such rights. In that respect and at its sole discretion, Boiron reserves its right to ban or refuse any link, or to interrupt access to any such link which the User may have on the Site.
7. Oversight
The User hereby acknowledges that Boiron has no obligation to monitor the Site or any Content accessible through the Site. However, the User acknowledges that Boiron may electronically monitor the Site, at its sole discretion, and may divulge any information necessary to ensure compliance with or to satisfy all regulations, legislature or governmental request for information, related to the operation by Boiron of the Site as well as to its protection or the protection of its users.
8. Disclaimer
The User shall indemnify and hold Boiron, its affiliates, administrators, employees, agents, licensors or their respective successors and assigns harmless from and against, and agree to take on the following claims, proceedings, liabilities, costs or expenses, including legal fees and disbursements, in the place of Boiron, in the same capacity as though they were against him: i) those resulting from a breach by the User of the Conditions of Use; ii) those resulting from the use, browsing, or the inability to browse or use the Site and/or its features; iii) the use, by the User, of the publications, notices, deliveries or downloads of any nature through the Site and/or its features, including the act creating links to such; and/or iv) the violation by the User of applicable legislation or regulation.
9. Governing Law
The use of the Site, its Contents and features as well as the terms of use are governed by the laws of the province of Quebec and the laws of Canada, without regard to the principles of conflict of laws. The User acknowledges by these presents that any proceedings relating to this Agreement shall be brought in the courts of the district of Longueuil, province of Quebec.
10. General
The present Conditions of Use shall constitute the whole agreement between the parties and shall replace supersede all previous agreements between them. The User may not assign or transfer its rights or obligations under these presents. Failure by Boiron to insist upon the strict performance of any provisions of this Agreement or the failure to exercise any right or remedy to which Boiron is entitled to hereunder shall not constitute a waiver thereof. Should any court deem invalid or unenforceable any provision, then the invalid or unenforceable provision shall be severed and the remaining terms shall continue to apply. The titles found herein shall be used for the purposes of form and presentation and shall in no way carry any legal or contractual weight.