Terms and Conditions of Use of the Medicart Website
By accessing the Website of Corporation Medicart (“Medicart“) at the URL www.medicart.com (the “Website“), you (“You” or the “User“) agree to all of the terms and conditions (“Terms and Conditions“) set forth below and acknowledge being bound by them. Browsing the Website as well as the simple activation of one or the other of the hyperlinks constitutes a commitment on your part to comply with the Terms and Conditions and implies your knowledge of the scope thereof.
In the event that you disagree with the Terms and Conditions set forth below, you are requested to immediately exit the Website by ending your session. Medicart may revise the Terms and Conditions at any time without notice. Use of the Website after the modified Terms and Conditions have been posted will constitute acceptance of these revised conditions. You are therefore invited to consult the Terms and Conditions on a periodic basis.
Intellectual Property
Subject to the works used under license or hyperlinks displayed on the Website, Medicart is the exclusive owner of the intellectual property rights over all the content of the Website, including in particular articles, texts, photographs, images, illustrations, audio clips, music videos, software and codes, etc.
Without limiting the foregoing, Medicart is the exclusive owner of the trademarks contained on the Website. The User agrees not to use the trademarks contained on the Website without the prior written consent of Medicart.
In addition, Medicart may own trademarks related to names, words, advertising slogans, logos, designs and graphics that may be displayed, from time to time, on the Website.
In the event that a third party trademark is displayed on the Website through a hyperlink or otherwise, this should not be construed as a “use” of that trademark within the meaning of the Trademarks Act. and/or constitute a representation on the part of Medicart that it is an affiliated company or associated with the owner of such trademark.
Restricted License to Use the Website
For the purposes of browsing the Website, Medicart grants the User a restricted license to display on his computer or to print, download and use the HTML language underlying the Website. as well as texts, audio clips, music videos and any other content to which he can access, but only for non-commercial, personal or educational purposes, the whole on the condition of not modifying the content.
No other use of Medicart’s intellectual property rights may be permitted other than that mentioned above unless You have obtained the prior written consent of Medicart. Furthermore, in order to allow navigation on the Website or to carry out online transactions, Medicart may allow the User to download, from the Website or other Internet resources, software and/or computer applications. These software and/or computer applications are protected by copyright. Their downloading and use are governed by the specific user agreements for such software and/or computer applications. When You download software or a computer application, You confirm your acceptance to abide by the terms and conditions of the license agreement applicable to such software and/or computer application.
Terms of Sale
Medicart offers the User the possibility of making certain purchases through the Website, against payment of a monetary consideration. We invite You to read the conditions of sale which govern any purchase made on the Website by activating the following hyperlink: Conditions of Sale.
Accuracy of Information and Product Availability
Medicart has designed the Website primarily for informational, advertising and transactional purposes. Although Medicart takes care to compile the information contained on the Website with all due care at the time of its initial presentation, it is possible that certain information may, from time to time, be erroneous, inaccurate or incomplete. It is also possible that, from time to time, the information contained on the Website may become out of date.
In addition, the Medicart Website meets certain IT, technical, graphic and typographical standards. Under no circumstances can Medicart be held responsible for any prejudice or damage, direct or indirect, resulting from the breakage of the personal computer, the server or any device or program of the User, the loss of data or any other breakage or technical problem encountered by the User while browsing the Website.
In the event that the User notices errors or inaccuracies with regard to the content of this Website or encounters technical difficulties in the use of the Website, the latter agrees to immediately notify the responsible for the Website at the address indicated in the Notice and Communication section. Without limiting the generality of the foregoing, Medicart makes no warranty as to the description and/or illustrations of the products it sells or advertises on the Website, these descriptions and/or illustrations are given only as indicative. THE INFORMATION RELATING TO THE PRODUCTS AS WELL AS THAT RELATING TO THE PRICES AND AVAILABILITY OF THE PRODUCTS APPEARING ON THE WEBSITE MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE AND WITHOUT BINDING THE RESPONSIBILITY OF MEDICART. Thus, certain products may not be available from time to time and Medicart cannot be held liable in this regard.
Hyperlinks
The Medicart Website may contain hyperlinks allowing the User to be redirected to external websites belonging to third parties which are hosted on servers other than that of Medicart. The User acknowledges that by activating such hyperlinks, the user automatically leaves the boundaries of the Medicart Website. The activation of hyperlinks to external sites cannot be interpreted as constituting an affiliation or any association that may bind Medicart to the holder of the rights relating to these external websites.
Since Medicart is not in a position to exercise any control over the content of websites external to its own, it cannot be held liable for any prejudice or damage that may in particular result from the inaccuracy or non-compliance of the content of these websites. The activation of the hyperlinks displayed on the Medicart Website is carried out at the User’s own risk.
Confidentiality
Medicart implements all the measures reasonably necessary so that its Website can comply with the legislation applicable in Quebec and in Canada regarding the protection of personal information. For this reason, browsing the Website, including online purchases are governed by Medicart’s Privacy Policy, which aims in particular to inform the User of the nature of the personal information that may be collected, used and communicated to third parties, if applicable. The User can access Medicart’s privacy policy by activating the following hyperlink: Privacy Policy.
Communication by Email or Electronic Means
Medicart may communicate by email or electronic means with Users, particularly with those who have placed orders for the purchase of products, those who have sent requests for information, those who have registered for one of its contests, those who have subscribed to one of its newsletters or those who have joined Medicart’s social media pages (such as Facebook or Instagram). These communications may be considered to be commercial electronic messages (“CEM”) within the meaning of the Canadian Anti-Spam Law (“CASL”) and its regulations. Even if it can be exempted by CASL from requiring consents under CASL, Medicart’s policy is to require the explicit consent of any User prior to sending a CEM, in addition to offering any User the power to unsubscribe at their discretion in order to stop receiving CEMs from Medicart by activating the unsubscribe hyperlink or by sending an email to the address indicated in the Notice and Communication section. If You are of the opinion that You have received a CEM from Medicart when You should not have received it, please contact the responsible person immediately at the contact details below and Medicart will take the steps reasonably necessary to quickly correct the situation.
Exclusions and Warranties
Medicart makes no representation and gives no guarantee regarding the proper functioning of the Website, its suitability for use or the absence of errors or interruptions during its use. Medicart makes no representation and does not guarantee that the server from which the Website is operated is or will be free from viruses or other harmful components. THE COMPONENTS OF THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MEDICART AND ITS LICENSORS EXCLUDE ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. Certain federal or provincial laws do not allow the exclusion of certain warranties, so the exclusions stated above may not apply to You.
Termination
Medicart reserves the right, at its sole discretion and without notice, to cancel a transaction, a purchase or an order or to restrict the User’s access to the Website, in the event that the User poses acts in violation of the Terms and Conditions where it is brought to the attention of Medicart that unauthorized transactions are or could be carried out by or on behalf of the User.
Applicable law
These Term and Conditions are governed by the laws of the province of Quebec, Canada. Any dispute concerning this Website will be brought before the competent courts of the province of Quebec in the judicial district of Quebec.
Gender
Unless the context requires it, the masculine and feminine are interchangeable and used without discrimination in all text on this Website.
Notice
Notices required or permitted to be given under the Terms and Conditions must be in writing and will be deemed to have been validly given if sent by email to [email protected].