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Terms of Use

Terms of Use - Clients

TERMS OF USE

The following terms of use and all other terms and conditions which we refer to hereafter constitute the terms of use (the "Terms") and govern your access and use of the content and services (the "Service") offered on or via http://www.hygieshop.com and its affiliate websites (collectively the "Website"). These Terms constitute a fully binding agreement between you, HYGIE Canada Inc., the proprietor of all rights in and of the Service ("HYGIE" or "We"), the Hygie affiliated marketers (such as the Ambassadors of Marketplaces) and any merchant from which you purchase products and services (the "Merchant").

By accessing and/or using the Service, you acknowledge and agree to all Terms herein. If you do not agree to these Terms, We request that you refrain from using the Service. Hygie reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Service from time to time. Such changes shall be effective immediately and incorporated into these Terms upon notice thereof, which may be provided by any reasonable means including by posting to our Website. Your continued use of the Service following such note will be deemed to constitute acceptance of the updated Terms. Changes will not apply retroactively.

Note that the Merchants may from time to time and in some instances also provide for specific terms and conditions which will govern your relationship, rights and obligations with Hygie.

USE OF THE SERVICE

You agree to use the Service for lawful purposes only and in a way that does not prejudice the rights or does not restrict or hinder the use of the Site by any person.

You must not copy, save or otherwise use the data from the Service's database, except as expressly permitted by these Terms. This clause does not limit the use of the database as intended by the Service and for the purposes of private and personal use of the Service.

You may not, without limitation: (i) duplicate the Service or any of the materials and/or content contained therein; (ii) create derivative works based on the Service or any of the materials and/or content contained therein or integrate it within a service of your own; (iii) use the Service or any of the materials and/or content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the Service or any of the materials and/or content contained therein, except as specifically intended for in the Service; or (v) resell, redistribute or sublicense the Service or offer it for rent or lease. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or content contained therein; (ii) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Service); (iii) use any data mining, robots or similar data gathering and extraction tools on the Service; (iv) decompile, reverse engineer, modify or disassemble any of the software aspect of the Service and/or content; or (v) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or content or any of your rights to access and use the materials and/or content as granted above. You agree to cooperate with Hygie in causing any unauthorized use to cease immediately.

You acknowledge, consent and agree that Hygie may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Hygie, Merchant, the Service, its users and the public.

Unauthorized use of the Service or any of the materials and/or content contained therein shall entitle Hygie to terminate your use of the Service immediately, without notice or liability.

REGISTRATION

Use of the Service and use of some parts of the Website require registration. Registration is available only to users who have attained the age of majority in their province, state or country of residence et for whom the right to use the Service has not been suspended or revoked by Hygie, for any reason whatsoever.

If you choose to register, you agree to provide complete, accurate, truthful and current registration information. Providing wrongful or erroneous information might prevent you from using the Service and might impede Hygie ability to contact you. If We believe the information you provide is not complete, accurate, truthful and current, We may, at our sole discretion, terminate access to the Service, in addition to any other remedies available under these Terms or applicable law.

The username you provide during registration will be used to identify you when you use the Service.

You must keep your account username and password secure in order to prevent their unauthorized use. You represent and warrant that you will not disclose to any other person your password and that you will not provide access to the Service to anyone. Be certain to change your password frequently. You agree to immediately notify Hygie of any unauthorized use of your account or any other breach of security. You are liable and responsible for any unauthorized use of the Service using your account until you notify Hygie regarding such unauthorized use. Unauthorized access to the Service is illegal and a material breach of these Terms.

Access to the Service, including any materials associated with your registration information, is non-transferable.

TERMINATION

You may terminate your registration, access and use of the Service at any time and for any reason whatsoever.

You agree that Hygie may, without prior notice, immediately terminate or limit your access to the Service, at any time and for any reason Hygie deems appropriate, at its sole and absolute discretion. To the extent possible, We will advise you of your account termination.

Cause for such termination or limitation of access may include, but not be limited to, (i) violation of these Terms or other related terms and conditions or guidelines for use, (ii) request by law enforcement or other government agencies, (iii) discontinuance or modification of the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent, illegal or seemingly illegal activities, (vii) engagement by you in any act that is harmful or may be harmful to Hygie, Merchant or any third party, or (viii) intentional providing of wrongful or erroneous information.

You agree that all terminations and limitations of access for cause shall be made at the sole discretion of Hygie, and Hygie shall not be liable to you or any third party for any termination or limitation of your access to the Service.

USER CONTENT

The Service allows all users to submit and post information, reviews and content available to other Users. You assume sole responsibility for your submissions and for the consequences of posting them.

FORBIDDEN POSTS

When you submit content to be published by the Service, you must make sure it is lawful. Among others, and for illustrational purposes only, you may not submit any content:

  • creating a risk to a person's safety, security or health;
  • identifying other persons without obtaining their consent;
  • that is false, unlawful, defamatory, libellous or invades the privacy of others;
  • that is harassing, offensive, threatening or vulgar;
  • that encourages conduct that would be considered a criminal offence, or gives rise to civil liability or other lawsuit;
  • that is otherwise prohibited by law or under these Terms.
  • that is unsolicited or unauthorized advertising, promotional material, junk mail, SPAM, "chain letters"; "pyramid schemes" or any other form of solicitation; and
  • that contains viruses, worms, Trojan horses, or other potentially harmful programs or computer files.

Hygie does not endorse any Content or any opinion, recommendation or advice, and disclaims any liability with respect to the content submitted.

Hygie may decline to publish, or may immediately delete any content you submitted, if you have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its Users or Hygie. In such cases, Hygie may also prevent you from posting additional content on the Service.

RIGHTS IN CONTENT

When you submit content to be published on the Service, you represent and warrant that you are permitted to publish the content and to permit Hygie to publish the content. Hygie receives no ownership rights in and to the content of your submissions.

EXAMINATION OF CONTENT

Hygie may examine the content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous content, or remove such content after its publication.

Hygie retains sole discretion to determine which content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of content within the Service. Hygie does not guarantee that all content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Hygie. Publishing content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in and to the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either exclusive property of Hygie or licensed to Hygie. The Service is protected, among others, by the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad.

Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of Hygie, is strictly forbidden. "www.hygieshop.com", " Hygie ", the Hygie logo, and other trade and/or service marks are the exclusive property of Hygie and may not be used in any of the aforementioned means.

Hygie may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under these Terms.

USER’S OBLIGATIONS

You hereby acknowledge and agree, at the entire exoneration of Hygie, that:

  1. the sale is entered into directly between you and the Merchant, Hygie acting only as an intermediary without any liability except those specifically identified in these Terms;
  2. if any damage or loss is caused to a product delivered via the Service and if you have not subscribed to an insurance available on the Website to cover such damage or loss, you bear such damage or loss;

RISK OF LOSS

All products purchased from a Merchant are delivered to you by a third party carrier. Risk of loss and title for products pass to you upon the Merchant’s delivery of the products to the carrier. If such products cross an international border, the risk of loss and title pass to you once the products clear customs. Since delivery of products can be impacted by events beyond Hygie control, Hygie cannot be held liable for late deliveries. Hygie will, however, endeavor to coordinate a smooth delivery with its carriers and Merchants at all times.

MERCHANT’S POLICIES

You acknowledge and agree at the entire exoneration of Hygie, that Merchants may from time to time and in some cases, provide policies and terms and conditions that will govern your relationship with the Merchant in question and your usage of the Services. Please check the individual policies of each Merchant before purchasing a product or service.

LIMITATION OF LIABILITY AND WARRANTY

UNLESS EXPRESSLY STATED OTHERWISE, LIKI PROVIDES THE SERVICE, THE WEBSITE AND ITS  CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN, INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT, FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk.

Hygie exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Hygie, its Merchants or its Marketplaces.

LIKI, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTIONING OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.

Your use of the Service may be subject to various local, state, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.

LINKS AND COMMERCIAL INFORMATION IN THE SERVICE

Hygie may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from Hygie or from third parties. It is understood that commercial content posted by Hygie does not constitute a recommendation or encouragement by Hygie to purchase the goods or services advertised.

Insofar as the Website includes links to services or applications not operated or managed by Hygie or content not originating from Hygie, Hygie will not be liable for any form of liability arising from your reliance on, or in connection with, such services, applications or content.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Hygie and its affiliates, subsidiaries, partners, Ambassadors, employees, officers, directors and agents, in the event you have violated these Terms or have operated unlawfully with respect to the Service. Such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Hygie, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.

FORCE MAJEURE

Hygie shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; hacking, SPAM, or any failure of a computer or server.

MODIFICATION OF SERVICE

Hygie reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Hygie shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

GOVERNING LAW AND JURISDICTION

These Terms and the Service will be governed solely by the laws of the Province of Quebec and the federal laws applicable therein, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms or the Service will be under the exclusive jurisdiction of the competent court in the judicial district of Montreal, Province of Quebec, Canada.

WAIVER AND SEVERABILITY

The failure of Hygie to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the remainder of these Terms will continue in full force and effect.

DELIVERY POLICY

You hereby acknowledge having read and understood the provisions of the Delivery Policy and therefore agree to be bound by such provisions. 

RETURN AND EXCHANGE POLICY

You hereby acknowledge having read and understood the provisions of the Return and Exchange Policy and therefore agree to be bound by such provisions. 

COMPLETE TERMS

These Terms, together with all agreements and policies referred to herein, shall constitute the entire and complete agreement between you, Merchant and Hygie concerning the Service.

CONTACT US

You may contact us concerning any question about the Service, through cd@hygie.com. We will make our best efforts to address your inquiry promptly.