Use of the website www.bioflash.ca

This www.bioflash.ca website, including the social media, mobile applications and other platforms (collectively, the "Site"), is owned and operated by Bioflash inc., its affiliates and subsidiaries, having its main place of business at 748 Veterans blvd, in Sherbrooke, province of Quebec, J0N 1M0. By accessing and using this Site, you unconditionally agree to be bound by these Terms of Use (the "Terms") and all applicable laws. Use of our Site is limited to personal, non-commercial use.

These Terms, including when applicable, the Privacy Protection Policy, the Terms Applicable to On-line Purchases, and the Ratings and Reviews Terms of Use, constitute the entire agreement between Bioflash on the one hand, and the Site user (the “User”), on the other hand, as to the terms and conditions of use of the Site. These Terms, of indefinite duration, take effect at the time the User accesses the Site.

By using the Site, the User recognizes and accepts all the terms and conditions which are reproduced in the Terms. Bioflash shall have sole discretionary powers to modify the Terms without notice. It is suggested to the User to reread the Terms from time to time in the event that these have been modified.

General Information

Unless otherwise stated, all the references to “Bioflash” in these Terms or the Site refers to Bioflash. All the references to “we” or “our” designate Bioflash, depending.

The Site is the official Bioflash website. No other website that could claim to represent Bioflash is authorized to do so and Bioflash shall not be held liable in any way for such website.

The content of the Site is provided for reference purposes only and the information found therein shall not be deemed a sufficient basis for conducting transactions and/or taking decisions of any nature.

The information appearing on the Site cannot be substituted for the advice of a doctor, pharmacist or any other health professional and must not be used to self-prescribe drugs or to diagnose a health condition. Always seek the advice of a health care professional. All instructions appearing on the packaging of products offered, shown, sold, discussed, referenced or otherwise described on the Site must be read carefully and fully complied with. The User must trust the advice of the health professional that he/she consults. The User must always seek the advice of a health care professional, or other qualified health care provider properly licensed to practice medicine or general health care in the User’s jurisdiction, concerning any questions the User may have regarding any information obtained from the Site and any medical conditions the User believes may be relevant to him/her or to someone else. In particular, please consult with a health care professional to see if any product offered, shown, sold, discussed, referenced or otherwise described on the Site is appropriate for the User. The User must never disregard professional medical advice or delay in seeking it because of something the User has read on the Site which is not directed at their personal care by a properly qualified and licensed health care provider. Always consult with a health care professional or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information contained on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. All information provided on the Site is provided for general and illustrative purposes only, and is not intended to replace the advice of a healthcare professional. The User should not act or abstain from acting based on any information provided by the Site. In particular, the User should not use the information contained herein for diagnosing or treating a health problem or disease. Reliance on any information on the Site is solely at the User’s own risk. The Site is not appropriate for the diagnosis or treatment of emergency medical situations of any kind. If the User has a medical emergency, they must call a health care professional, qualified health care provider or their local emergency services immediately. Without limiting the generality of the foregoing, neither Bioflash, nor any representative of Bioflash shall be liable for any personal injury, including death, caused by the User’s use or misuse of the Site.

Bioflash does not guarantee the availability of the Site and reserves the right to terminate, change, suspend or discontinue any aspect of the Site at its sole discretion and without notice. Bioflash reserves the right to block the access to the Site to any User without notice and without the need to provide any explanation. Bioflash may control the access and use of the Site. The Site is accessible “as-is” and as available and cannot be modified by the User.

Not applicable to Quebec consumers : Bioflash shall not be responsible for any damages or injury resulting from the termination, change, suspension, or discontinuance of any aspect of the Site.

The use of terms such as “including” or “include” means “including, without limitation” or “include, without limitation”, respectively.

Pricing Policy

The products offered on the Site, their prices and their availability may differ depending on the region or whether they are sold by Bioflash on its Site.

The prices and the availability of products may change without notice. Although Bioflash strives to avoid errors on the Site, misprints, illustration or price errors may occur. In such instances, Bioflash reserves the right to make any required correction and will not be held liable for such errors.

All the prices displayed on the Site are expressed in Canadian or American currency and unless indications to the contrary, a calculation of delivery charges and applicable taxes is included (GST, HST, QST, PST or TVH).

Amendments to the Terms

Bioflash reserves the right to amend the Terms at any time and without prior notice. You may view them at any time on the Site. Your visit to our Site constitutes your acceptance of the agreement to the then-current Terms. You are responsible for reading these Terms and any subsequent amendments thereto indicated by the revision date of the Terms.

Changes to the Site, Services and Products Offered

Bioflash reserves the right, at any time and at its sole discretion, to modify at the Site or any part thereof, to suspend the Site or withdraw services or products offered thereon, without notice or delay. Any such change shall be effective as of the time such change is made. Bioflash shall not incur any liability to any party for any loss, damage or inconvenience arising directly or indirectly from any such change to the Site.

Hyperlinks

The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Bioflash has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Bioflash from all liability. The inclusion, on this Site, of a hyperlink to a third party website shall not and can not, under any circumstances, be interpreted or construed as an endorsement, by Bioflash, of any representation or information contained on any such website or as a partnership or affiliation between Bioflash and the owner of any such website. Your use of third-party websites is subject to the terms and conditions of those websites.

Protection of Children

Bioflash abides by legal restrictions with respect to advertising to children. Parents are invited to monitor their children's Internet usage and are responsible, in their capacity as legal guardian, for determining which websites may or may not be appropriate for their children.

Limitation of Liability

Bioflash n’est pas responsable des pertes, dommages et réclamations de quelque nature que ce soit, qu’ils soient directs, indirects, accessoires, exemplaires, punitifs, spéciaux ou consécutifs incluant la perte, l’altération ou la communication de données, tout retard, force majeure, erreurs de prix ou d’attributs de produits ou services, erreurs de produits, produits manquants, inexactitudes dans les descriptions de produits et services (collectivement des « Dommages ») et ce même si Bioflash a été avisée de la survenance possible de tels Dommages découlant de l’utilisation de ce Site. Votre seul et unique recours consiste à cesser d’utiliser ce Site. Aucune information contenue sur ce Site n’est susceptible de créer des garanties non expressément prévues par les présentes Conditions.

Risks Associated With the Internet

Errors, interruptions and viruses : The Site is accessible based on its availability. While Bioflash makes reasonable efforts to maintain the Site free of errors, interruptions and viruses, Bioflash makes no warranties, either express or implied, that the Site will operate without interruption, virus or error or in a secure and timely manner, that the information contained on this Site is accurate and without error, or that defects in the software and applications, if any, will be rectified. You will be solely responsible for any damage to your computer and its contents and for any loss, theft or other malicious action against your data that may result when downloading material.

User ID, password and Security : Despite Bioflash's efforts to ensure third parties do not access or obtain your personal information through its Site, complete confidentiality and security cannot be guaranteed on the Internet. Communication via the Internet is subject to interception, loss or alteration. You acknowledge and agree that Bioflash shall not be held liable for any damages resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk. You alone are responsible for protecting the confidentiality of your user ID and password as well as the confidentiality of any actions undertaken using your username. Moreover, you are responsible for notifying Bioflash immediately of any unauthorized use of your user name and password and any other breach of security, as well as for taking every possible precaution to ensure that you use the Site under optimal security conditions. Bioflash may, at its sole discretion and without incurring any liability whatsoever, cancel or suspend your account.

Use of Information and Errors

The information displayed on the Site is provided for informational purposes only, unless otherwise stated. Bioflash makes no warranties, either express or implied, that the quality of the offers will meet your expectations and that the information, which includes advertising as well as nutritional and health tips, is appropriate to your needs and health conditions.

Bioflash is proud of the Site and works hard to keep it updated and error-free. However, price errors or product/service description errors or inaccuracies, including colour, origin, category or other characteristics may occur. Bioflash reserves the right to correct any such errors, at its sole discretion, at any time and without prior notice.

Intellectual Property Rights

All the content of this Site, including the text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Bioflash. Bioflash does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site is subject to Bioflash’s intellectual property rights, the Trademarks Act, the Canadian Copyright Act, applicable laws of other countries and international treaties. Any unauthorized use of the content of this Site, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the prior written authorization of Bioflash.

Trademarks

The trademarks displayed on this Site are trademarks, registered or unregistered, of Bioflash or third parties, which are the property of their respective owners. The trademarks displayed on this Site cannot be used without the prior written authorization of Bioflash or their respective owners. No element of this Site shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of a trademark, except with the express written consent of Bioflash or the owner of such trademark.

Your Comments

Subject to information submitted under our Protection of Personal Information Policy, vous acceptez d’octroyer à Bioflash une licence d’utilisation irrévocable, à perpétuité, gratuite, cessible et sans autre restriction relativement à tout commentaire, suggestion, idée ou autre contenu (« Commentaire ») que vous communiquez à Bioflash par courriel ou de quelque façon que ce soit à partir du Site, incluant notamment le droit de copier, de reproduire, de communiquer, de modifier, d’adapter, de publier, de traduire, de créer des œuvres dérivées ou de les détruire partiellement ou complètement. Si vous ne souhaitez pas accorder une telle licence, ou désirez protéger la confidentialité d’un Commentaire, veuillez ne pas nous soumettre tel Commentaire.

Security of the Site

You may not use the Site for purposes other than the purposes set out in these Terms. You are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including without limitation advertising. All such actions are against the law and may result in civil or criminal proceedings.

Termination of Use of the Website

Bioflash reserves the right to terminate, at any time and without prior notice, your right to access the Site or your account for any reason, including but not limited to account inactivity for such period of time as Bioflash may determine from time to time, or if Bioflash believes, in its sole discretion, that you have violated these Terms.

Additional Terms of Use

You may be required to comply with additional terms of use specific to certain programs, offers, promotions, promotional contests, services, social media, third-party content and third-party software, which will be disclosed to you when you access such programs, offers, promotions, services, social media platforms, content and software.

Governing Law

For any use of this Site in Quebec or in Canada, you agree that the laws of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sales of Goods shall apply. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of Quebec, district of Montreal, with respect to the interpretation or application of these Terms.

For any use of this Site in Canada (excluding Quebec) you agree that the laws of the Province of Ontario and of Canada, without reference to principles of conflict of laws and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, shall apply. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of the Province of Ontario, District of Toronto, with respect to the interpretation or application of these Terms.