This Agreement was last modified on 14 February 2021.
“Content” means any text, images, video, audio or other multimedia content, software or other information or material subsisting on or accessible from the Site, including information about Products;
“Products” means any products advertised by us for sale through the Site;
“We”, “Us” or “Our” means Euro DNA Inc., a company registered in Ontario under company number 2706068.
“You” or “Your” means the person accessing or using the Site or its Content.
(c) Privacy Statement and Additional Terms — These terms include our Privacy Notice which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content or Products made available or supplied by us using the Site, including but not limited to our E-Commerce Terms and Conditions. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order where orders can be submitted via the Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
(d) This Site is intended for and directed to residents of Canada over the age of 18 years.
(e) Accessibility — We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at [email protected]
Restrictions On Use
(a) The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
(i) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
(ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(iii) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
(iv) not to use the Site to distribute viruses or malware or other similar harmful software code; and
(vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
(b) We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
Ownership, Use and Intellectual Property Rights
(a) This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
(b) Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Content. The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
Accuracy of Information and Availability of the Site
(a) While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
(b) While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
Hyperlinks and Third-Party Sites
(a) The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.
Warranties and Limitation of Liability
(a) You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.
(b) To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or omissions in any Content, for your action or inaction in connection with the Site, the unavailability of the Site for any reason, and any representation or statement made on the Site.
(c) Your use of the Site is at your own risk. In no event shall we, our affiliates or our agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of the Site, the materials or products on the Site, the delay or inability to use the Site or otherwise arising in connection with the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if we are advised of the possibility of any such damages.
(d) Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
(e) Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law. If your jurisdiction does not allow the exclusion of certain implied warranties or the exclusion or limitation of damages, the above exclusion applies only to the maximum extent permitted by law.
By using the Site, you agree to indemnify, defend and hold us and our directors, officers, employees and affiliates harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a your violation of this Agreement or use of the Site.
(a) These terms are dated Jan 1, 2021. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
(b) Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email at [email protected] and all notices from us to you will be displayed on our website from to time.
(c) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
(d) If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
(f) You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
(g) This Agreement shall be treated as though it were executed and performed in Ontario, and shall be governed by and construed in accordance with the laws of Ontario (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Ontario. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process if required.
(h) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(i) The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.