TERMS AND CONDITIONS OF WEBSITE USE
Last updated: May 4, 2018
By accessing the GenePOC Inc. (“GenePOC“) website, genepoc.ca (the “Website“), the User agrees to comply with and be bound by the terms and conditions of use (“Terms and Conditions“) set forth below. Browsing the Website or opening a hyperlink posted on the Website indicates acceptance of the Terms and Conditions set out below. GenePOC may modify these Terms and Conditions at any time without notice. The User is therefore invited to review the Terms and Conditions periodically.
GenePOC reminds the User that laws and regulations for product use are established by each country. All information contained on this Website applies only to Canada, United States and the countries of the European community and is not intended to provide relevant information on the use of the products. Before using a product manufactured or sold by GenePOC, it is important to read the instructions on any label, packaging or other document related to the use of the products.
1) Accuracy of Information
GenePOC designed the Website primarily for information and communication purposes. Although GenePOC assembled the information contained on the Website with all due care at the time of its initial release, some information may, from time to time, be or become erroneous, inaccurate or incomplete. In the event that the User notices errors or inaccuracies in the content of the Website or encounters technical difficulties while using the Website, he/she agrees to promptly notify the webmaster by e-mail at the following address: [email protected].
2) Intellectual Property
Subject to the works used under license or the hyperlinks posted on the Website, GenePOC is the sole and exclusive owner of the intellectual property rights to the content of the Website including, among others things, the articles, texts, pictures, images, illustrations, audio clips, videos, user interface as well as data and database. Without limiting the foregoing, GenePOC also owns the intellectual property rights relating to scientific summaries or research reports or scientific presentations that may be posted on the website.
GenePOC is the sole owner of the trademarks used on the Website, if not, they belong to their respective owners. Under no circumstances may the trademarks found on the Website be used without the written permission of their respective owners. Without limiting the foregoing, GenePOC’s trademarks include the following: “GENEPOC™”, “REVOGENE™”, “GENEPOC and design™” and “PIE™”. In addition, GenePOC may also be the owner of other trademarks related to names, words, signs, slogans, logos, designs and graphics that may be posted from time to time on the Website. The User agrees not to use any of the trademarks displayed on the Website without the prior written consent of GenePOC or their respective owners.
In the event that a third party’s trademark is used by GenePOC on the Website, in a link or otherwise, it shall not be construed as a “use” of such trademark within the meaning of the Trade-marks Act and/or imply an affiliation or association between GenePOC and the owner of said trademark.
For the purpose of navigating the Website, GenePOC grants the User a limited license to display on his/her computer or to print, download or use the Website’s underlying HTML language as well as the texts, audio clips, videos and any other content to which he/she may access, solely for non-commercial or personal purposes provided that they a) are not modified and b) include the relevant copyright notice.
GenePOC’s Website may contain hyperlinks redirecting the User to other websites owned by third parties and hosted on external servers other than the one GenePOC uses. The User acknowledges that, by accessing these hyperlinks, he/she automatically leaves GenePOC’s Website. The inclusion of hyperlinks to external websites shall not be construed as GenePOC’s affiliation to or association with such websites or their owner.
Since GenePOC does not have any control over the content of external websites, it cannot be held responsible or liable for any prejudice or damage resulting from the inaccuracy or non-compliance of the content of these websites. Using the websites links contained on the GenePOC Website is at the User’s own risk and peril and without any representation or warranty from GenePOC.
The Website may contain statements reflecting GenePOC’s expectations with respect to future events, such as products under development, clinical and scientific research, clinical trials or regulatory approval processes to market a product. Such statements involve risks of inaccuracies and uncertainties. The actual course of certain events may vary significantly from those previously stated and may depend on the occurrence or completion of several factors or situations, including the timely success of clinical research and trials as well as uncertainties associated with potential compliance or obtaining timely approval from the regulatory authorities. The User acknowledges that he/she cannot rely on the statements made on the Website. GenePOC assumes no liability and makes no warranty with respect to the statements provided on the Website. The statements contained on the Website are for information purposes only.
5) Warranty Exclusions
GenePOC makes no representation or warranty as to: (i) the good working condition of the Website; (ii) its suitability for use or that its use will be uninterrupted or error-free; (iii) the accuracy of the information and content of the Website and; (iv) that any server from which the website is operated is or will be free from viruses or other harmful components. THE WEBSITE, ITS COMPONENTS AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GENEPOC AND ITS LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR ORAL, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CONTENT OF THE WEBSITE IS NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR MEDICAL ADVICE OR DIAGNOSIS OF A HEALTHCARE PROFESSIONAL. These exclusions are in addition to any specific exclusion otherwise provided in these Terms and Conditions.
6) Governing Law and Jurisdiction
This Website is administered by GenePOC from Québec City, province of Québec, Canada. GenePOC makes no representation or warranty that the products or services advertised on the Website are available, appropriate or compliant in all provinces and territories of Canada or in other foreign jurisdictions. The User accessing the Website or downloading its content from a jurisdiction other than Canada is responsible for compliance with the applicable local laws. Products displayed on the Website may be offered in a packaging or format and with lettering or markings that may differ depending on the country. They may also come with notices or warnings that may be different depending on the country. These Terms and Conditions are governed by and interpreted in accordance with the laws in force in the Province of Quebec and the federal laws of Canada applicable therein. All disputes, controversies, or claims arising out of or in connection with these Terms and Conditions shall be submitted to and subject to the jurisdiction of the competent courts of the judicial district of Québec, province of Québec.