TERMS AND CONDITIONS
Welcome to the Bioesque website (the “Site”). Bioesque Corporation (“Bioesque”) provides the content and services available on the Site to you subject to the following terms and conditions, disclaimer, and other terms and conditions and policies which you may find throughout the Site in connection with certain functionality, features, or promotions, as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
To make a purchase on the Site, you must be over the age of majority in your jurisdiction of residence. To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law (which may not include Quebec), WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Bioesque, our affiliates, partners, or licensors, and is protected by Canadian, United States, and other international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to:
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Bioesque is a registered trademark (Canadian Trademark Database Registration Number TMA939498). Lumeclat, brand and related image, is a registered trademark (Canadian Trademark Database Regitration Number TMA953278). All content and materials available on the Site, including but not limited to the Luméclat product line and image, text, graphics, website name, app name, code, images and logos are the intellectual property of Bioesque and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Bioesque.
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Bioesque, our affiliates, partners or licensors.
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may
THE LAWS OF QUEBEC DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, LIMITATIONS OF LIABILITY, OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED OR COLLATERAL, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND, DAMAGES FOR LOST PROFITS, REVENUE OR OPPORTUNITY OR FOR BUSINESS INTERRUPTION RELATED TO THE SITE OR YOUR USE THEREOF (OR INABILITY TO USE THE SITE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR ITS EQUIVALENT IN CANADIAN DOLLARS.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE UNLESS OTHERWISE PERMITTED UNDER APPLICABLE STATUTE OF LIMITATIONS.
You agree to defend, indemnify and hold us, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Site, any user content made available on the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Except in Quebec, with respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the Province of British Columbia. Except in Quebec, to the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the Province of British Columbia, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted in accordance with the Arbitration Act [RSBC] Ch 55 (British Columbia). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and licence to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services and you further waive any “moral rights” that you may have in the Submissions. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to Bioesque. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 13 above. This means that all third parties, not Bioesque, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that
You further agree not to
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
This website is intended for informational and entertainment purposes only. It is not intended to provide medical information or advice.
You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Except as may be prohibited by Quebec law, any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at info@bioesque.com.
BIOESQUE SITEWIDE TERMS OF USE
As a condition of your use of the Bioesque website (the “Site”), you warrant that you will not use the Site for any purposes that are unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The contents of the Site are for personal use only. Bioesque holds proprietary rights over its catalogue, design, and structure of all content contained on the Site. Any attempt to copy or republish this catalogue, design, or structure violates these Terms of Use.
MEDICAL DISCLAIMER
The following shall apply to the use of the Bioesque website (the “Site”) and all Bioesque Corporation (“Bioesque”) products including products sold by Bioesque: The contents of the Site, such as the text, graphics, images, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and is not intended to cure or prevent any infliction, disease, condition, or ailment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it as a result of something you have read on the Site. Reliance on any information provided by Bioesque, Bioesque employees, others appearing on the Site at the invitation of Bioesque, or other visitors to the Site is solely at your own risk. Information on the Site has not been evaluated or approved by Health Canada.
