Legal Notice
Terms and Conditions of Use of the Epiderma Website
By accessing the website of Corporation Epiderma inc. (“Epiderma”) at the URL www.epiderma.ca (the “Website”), you (“You” or the “User”) agree to be bound by all of the terms and conditions (“Terms and Conditions”) set out below and acknowledge that you are legally bound by them. Browsing the Website or simply activating any hyperlink constitutes your agreement to comply with these Terms and Conditions and presumes your awareness of their scope.
If you do not agree with the Terms and Conditions set out below, you are asked to immediately leave the Website by ending your session.
Epiderma may revise these Terms and Conditions at any time without prior notice. Use of the Website following the posting of revised Terms and Conditions constitutes acceptance of those revised terms. You are therefore encouraged to review these Terms and Conditions periodically.
Intellectual Property
Subject to works used under license or hyperlinks displayed on the Website, Epiderma is the exclusive owner of all intellectual property rights in and to the content of the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, software and code.
Without limiting the foregoing, Epiderma is the exclusive owner of the trademarks displayed on the Website. Users agree not to use any trademarks displayed on the Website without the prior written consent of Epiderma. The following trademarks are the property of Epiderma: “EpidermaMD” and “Epidermabrasion.”
In addition, Epiderma may own other trademarks related to names, words, advertising slogans, logos, designs and graphics that may be displayed on the Website from time to time.
Where a third-party trademark is displayed on the Website by hyperlink or otherwise, such display shall not be interpreted as “use” of that trademark within the meaning of the Trademarks Act and/or as a representation by Epiderma that it is affiliated or associated with the owner of such trademark.
Limited License to Use the Website
For the purpose of browsing the Website, Epiderma grants the User a limited license to display on a computer or to print, download and use the underlying HTML code of the Website, as well as the text, audio clips, video clips and any other content accessible, solely for non-commercial, personal or educational purposes, provided that the content is not modified.
No other use of Epiderma’s intellectual property rights is permitted unless prior written consent is obtained from Epiderma.
In addition, to enable browsing of the Website or the completion of online transactions, Epiderma may allow the User to download software and/or applications from the Website or other Internet resources. Such software and/or applications are protected by copyright. Their download and use are governed by the specific license agreements applicable to such software and/or applications. By downloading any software or application, you confirm your acceptance of the applicable license terms.
Terms of Sale
Epiderma allows Users to make certain purchases through the Website in exchange for monetary consideration. You are invited to review the terms of sale governing any purchase made on the Website by clicking the following hyperlink: Terms of Sale.
Accuracy of Information and Product Availability
Epiderma designed the Website primarily for informational, promotional and transactional purposes. Although Epiderma takes care to compile the information contained on the Website accurately at the time of its initial presentation, certain information may occasionally be erroneous, inaccurate or incomplete. Information on the Website may also become outdated from time to time.
The Epiderma Website complies with certain computer, technical, graphic and typographic standards. Under no circumstances shall Epiderma be held liable for any direct or indirect damage resulting from damage to the User’s computer, server or any device or software, data loss or any other technical malfunction encountered while browsing the Website.
If a User notices errors or inaccuracies in the content of the Website or experiences technical difficulties while using it, the User agrees to notify the Website administrator without delay at the address provided in the Notices and Communications section.
Without limiting the foregoing, Epiderma provides no warranty regarding product descriptions and/or illustrations displayed on the Website, which are provided for informational purposes only. PRODUCT INFORMATION, PRICING AND AVAILABILITY DISPLAYED ON THE WEBSITE MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE AND WITHOUT INCURRING LIABILITY FOR EPIDERMA. Certain models or colors may be unavailable at times, and Epiderma shall not be held liable in this regard.
Hyperlinks
The Epiderma Website may contain hyperlinks redirecting Users to third-party websites hosted on servers not controlled by Epiderma. By activating such hyperlinks, Users acknowledge that they automatically leave the Epiderma Website. The presence of hyperlinks does not constitute an affiliation or association between Epiderma and the owners of such external websites.
As Epiderma has no control over the content of external websites, it cannot be held responsible for any damage or loss resulting from inaccurate or non-compliant content on those websites. Use of hyperlinks on the Epiderma Website is at the User’s own risk.
Privacy
Epiderma implements all reasonable measures to ensure that its Website complies with applicable Québec and Canadian privacy laws. Accordingly, browsing the Website, including online purchases, is governed by Epiderma’s Privacy Policy, which informs Users of the personal information that may be collected, used and disclosed to third parties, where applicable. Users may access Epiderma’s Privacy Policy via the provided hyperlink.
Email and Electronic Communications
Epiderma may communicate with Users via email or electronic means, particularly those who have placed orders, submitted inquiries, entered contests, subscribed to newsletters or followed Epiderma on social media platforms such as Facebook or Instagram. Such communications may constitute “commercial electronic messages” (“CEMs”) under Canada’s Anti-Spam Legislation (“CASL”).
Even where CASL exemptions apply, Epiderma’s policy is to obtain express consent prior to sending CEMs and to allow Users to unsubscribe at any time by clicking the unsubscribe link or by contacting the address provided in the Notices and Communications section. If you believe you have received a CEM from Epiderma improperly, please contact us immediately and Epiderma will take reasonable steps to promptly correct the situation.
Disclaimer of Warranties
Epiderma makes no representations or warranties regarding the proper functioning of the Website, its suitability for use, or the absence of errors or interruptions. Epiderma does not warrant that the server hosting the Website is or will be free from viruses or harmful components. THE WEBSITE AND ITS COMPONENTS ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. EPIDERMA AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN, ORAL, STATUTORY OR CONTRACTUAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. Certain federal or provincial laws may not allow the exclusion of certain warranties, so these exclusions may not apply to you.
Termination
Epiderma reserves the right, at its sole discretion and without notice, to cancel any transaction, purchase or order, or to restrict User access to the Website if the User violates these Terms and Conditions or if Epiderma becomes aware of unauthorized or potentially unauthorized transactions.
Governing Law
These Terms and Conditions are governed by the laws of the Province of Québec, Canada. Any dispute relating to the Website shall be submitted to the competent courts of the Province of Québec, Judicial District of Québec.
Gender
Unless the context otherwise requires, the masculine and feminine forms are interchangeable and used without discrimination throughout the Website.
Notices
Any notice required or permitted under these Terms and Conditions must be in writing and shall be deemed properly given if sent by email to info@epiderma.ca.