DEFINITIONS
“Account” means the registration and use of your Credentials.
“Host” means Maison des Elites.
“Credentials” means the unique user name and password you have created and registered or must create and register.
“Products” means Maison des Elites store.
“Registration Data” means true, accurate, current and complete information about yourself as prompted by the registration form when registering your Account.
“Services” means the services offered by Host through the Website to persons who have an Account, and includes, without limitation, providing a platform to purchase Products which may be available to purchase from time to time.
“Terms” or “Terms and Conditions” means the terms and conditions in this Agreement, as may be amended by Host from time to time.
“Website” means Maison des Elites, and used to assist medical sites in the field of dermatology in conducting clinical trials.
ACCEPTANCE OF TERMS
Host provides Services to you through this Website and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the Terms. You acknowledge and agree that Host may retain the services of independent contractors from time to time to provide, or to assist Host in providing the Website or Services.
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website. If you do not agree with one or more of these Terms, you can not access or use this Website or the Services. If you are using this Website on behalf of another person, Host or other legal entity, you remain individually bound by these Terms.
In addition, when using the Services or Website, you will be subject to any posted guidelines or rules applicable to such Services or Website which may be posted by Host from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Host reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such change(s) indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.
Host can suspend or revoke your Account at any time: i) if you fail to abide by these Terms and Conditions; ii) for security reasons; iii) for any administrative purposes as reasonably determined by the Host.
REGISTRATION OBLIGATIONS
Your access to the Account, the Website and/or the Services is granted at Host’s sole discretion. To use this Website, you must first complete the registration process to create an Account and Credentials. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Host if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide Registration Data. You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Host has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Host has the right to suspend or terminate your Account and refuse any and all current or future use of the Website or Services (or any portion thereof) by you.
Host may act upon any communication that is given through your Account or by using your Credentials. Host is not required to verify the actual identity or authority of a person using your Account or Credentials, but Host may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Host is not satisfied with the verification. If Host, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Host may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
PRIVACY POLICY
Your Account, Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to Host’s Privacy Policy. Your privacy is important to us. For more information, please see our Privacy Policy for details. You have read Host’s Privacy Policy and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Host or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.
USE OF THE WEBSITE
You may not remove any trade-mark, copyright or other proprietary notices, if any, from, nor modify the material or content of, the Website in any way. Except as otherwise set out in these Terms, any copying or reproduction of the Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website’s materials or content without the prior written permission of Host is strictly prohibited. Host reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Host reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of the Website or the Services. The Host will not be liable to you in any way for any unauthorized third party use of your Account or your payment methods, or for unauthorized use by you of any information or payment methods of any third parties.
The contents of the Website are provided strictly for your convenience. The information contained in or on the Website is not intended as advice of any nature. Accordingly, you use or rely on such information at your own risk. The information contained in this Website, including policy terms and conditions, is subject to change or can be updated without prior notice.
The Website shall only be used for the designated purposes for which the Website is intended. Any violation of the use of the Website or Services, and/or these Terms and Conditions, may result in legal action by Host against you and/or the third party which is authorizing your use.
Upon your acceptance of the Privacy Policy and Terms of Use agreements, Host will grant you access to the Website for your use under the Terms, and provide you with ongoing updates to the Website as Host or its affiliates considers needed.
ELECTRONIC COMMUNICATION
When you use our Services, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Website or through a messaging centre. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATIONS ON USE OF THE WEBSITE
Without limiting the generality of any of the Terms, you do not have rights to:
- Pledge, hypothecate, alienate or otherwise encumber the Website to any third party;
- Use the Website to violate, infringe or appropriate any person’s or entity’s privacy rights, publicity rights, defamation rights, intellectual property rights, proprietary rights, contractual rights or any other legal right;
- Modify, enhance, reverse-engineer, decompile, disassemble or create forms of the Website;
- Use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Website;
- Work around any technical restrictions or limitations in the Website;
- Interfere with, or attempt to interfere with, the Website, the Services or any other networks connected to the Website, whether through the use of viruses, bots, worms or any other computer code, file or program that interrupts, destroys or limits the functionality of any computer Website or hardware; or
- Any other limitations the Host may decide from time to time.
LIMITATION OF LIABILITY AND TIME
In no event will Host or its suppliers or licensors, or their respective directors, officers, agents, contractors, proprietors, or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (except in cases of gross negligence or willful misconduct), strict liability or otherwise, arising from your use of, or the inability to use (without limitation, for reasons relating to factors beyond the control of Host, unavailability due to Host’s system maintenance, the use of the Website or Services in a jurisdiction where such use is prohibited by the laws of that jurisdiction), or the performance or delivery of, or reliance upon the Website and/or Services or the content or material or functionality of the same, even if we are advised of the possibility of such damages. You assume all responsibility and risk with respect to your use of the Website and/or Services, including the Products you purchase on the Website, the use of which is “as is” or “as available” without warranties, representations or conditions of any kind, either express or implied either on the use of the Website or the Products sold on the Website. Host makes reasonable efforts to ensure that this Website is virus- and malware-free, but does not guarantee that this is the case.
Without limiting the generality of any of the foregoing, Host’s total aggregate liability from any and all claims in connection with or under the Terms or use of the Website or Services or Products sold is limited to the total amount paid by you in the twelve (12) months immediately preceding the date the cause of action first arose. For clarity, the existence of one or more claims under these Terms or use of the Website or Services or Products will not increase the maximum liability amount. In no event shall Host’s suppliers have any liability arising out of or in any way connected to the Terms or use of the Website or Services.
Without limiting the generality of any of the foregoing, you irrevocably and unconditionally waive any right you may have to participate as a member of a class or claimants in any lawsuit including but not limited to class action lawsuits involving any such dispute. You agree that you will not bring a claim under or related to these Terms or the use of the Website or Services more than twelve (12) months from when such claim first arose.
PAYMENTS AND PRICING
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process. You must only make purchases on the Website from payment accounts, cards, and/or processing accounts which belong to you and are registered in your name.
RISK OF LOSS
All purchases of Products mean that the risk of loss and title for such items pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.
RETURNS
Host does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Host does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Host attempts to be as accurate as possible on Product descriptions. However, Host does not warrant that Product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a Product offered by Host itself is not as described, your sole remedy is to return it in unused condition unless an applicable law in your Province of residence gives you the right to other remedies.
INDEMNIFICATION
You agree to defend and indemnify Host, and hold us and our affiliates harmless, and our and their respective directors, officers, proprietors, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of the Website and/or the Services, and/or your violation of the Terms, including but not limited to, any third party claim.
If any action is instituted by a third party against you based upon a claim that the Website or Services, as delivered, infringes any third party intellectual property rights, the Host shall defend such action at its own expense on behalf of you and shall pay all damages attributable to such claim which are finally awarded against you or paid in settlement of such claim. This is the only scenario in which Host will indemnify you.
LICENSE
Subject to your compliance with these Terms, and your payment of any applicable fees for Products, Host grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Services or Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools..
TRADE-MARKS AND COPYRIGHTS
Host, and related words and logos, as well as the names of other products or services of Host, are trade names, trade-marks or registered trade-marks of Host or of third parties selling products on the Host’s website. The names of other companies, products or services referred to in this Website may be the trade-marks of their respective owners. Any unauthorized use of any of these trade names or trade-marks is prohibited.
Any documentation, media, packaging and illustrations are copyrighted and constitute Host’s valuable property. You agree that all physical manifestations of the Website will display Host’s copyright notice in a conspicuous manner. The Website is protected under Canadian copyright laws.
GOVERNING LAW
Your use of this Website and/or Services and its contents will be governed by the laws of the Province of Ontario and any applicable federal laws of Canada, and the courts of the Province of Ontario will have jurisdiction over any legal disputes relating to this Website and/or its Services.
WAIVER
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
SEVERABILITY
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law. As an example, the Province of Quebec does not allow limitations on implied warranties or conditions, and therefore, residents of Quebec may not be subject to certain limitations of liability contained in these Terms.
CONTACT US
Contact Maison des Elites with any questions, concerns or feedback and for further information.
If you do not agree to the Terms and conditions herein, you may not enter.
If you agree to the Terms and conditions herein, type “I agree” in to the box below and click “OK”.