Terms of service

In-Effect Date: April, 1st, 2022

Thank you for using the Schmidt-Nagel website, www. schmidt-nagel.com, (collectively, the “Sites”), owned and operated by Laboratoire Schmidt-Nagel Inc. having its principal office located at 20330 Boul. Henri-Bourassa, Québec, QC, Canada, G2M 1L1. 

Acceptance of Terms of Use

By using any of the Sites, you agree to be bound by the following terms of use of the Sites, our privacy policy (our “Privacy Policy”) and any terms of sale provided during your purchase or use of any of our products or services, all of which form integral parts of these Terms of service. If you do not wish to accept the Terms of service, you are required to stop using the Sites.

The Terms of Use constitute a contract between you and Schmidt-Nagel Canada regarding access to and use of the Site. Schmidt-Nagel Canada invites you to read the Terms of service carefully before using the Site and to not hesitate to contact Schmidt-Nagel Canada’s webmaster if you have any questions at info_ca@schmidt-nagel.com

Any inconsistencies between these Terms of service the Privacy Policy and any terms of conditions of sale shall be resolved by Schmidt-Nagel Canada in its sole and absolute discretion.
 

Suspension or termination of access to Sites

Schmidt-Nagel Canada may, at its sole discretion, decide to stop providing (permanently or temporarily), to you or to all, access to the Sites (or a functionality of the Sites) without prior notice and without any liability or cost to Schmidt-Nagel Canada.

If Schmidt-Nagel Canada experiences technical difficulties with the Sites, you may be unable to access the Sites and your account details or to complete a transaction during such a period. Schmidt-Nagel Canada shall use reasonable commercial efforts to advise you of when the problem will be resolved but makes no express warranties regarding when service will be restored. You may not rely on any timing guidance provided during technical difficulties—such guidance is to be treated as an informed estimate only.

You agree that neither Schmidt-Nagel Canada nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Sites.

 

Use of Sites

The Sites allow you to access information on the various homeopathic products offered by Schmidt-Nagel Canada, to make purchases and in some cases, to learn about the homeopathic medicine. The information provided on the Sites is offered by Schmidt-Nagel Canada for reference only and may not be relied upon by you or any person.

 

Prohibited Uses of the Sites

 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Schmidt-Nagel Canada reserves the right to ban any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Schmidt-Nagel Canada server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Schmidt-Nagel Canada, including any Schmidt-Nagel Canada account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Sites.

 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Schmidt-Nagel Canada’s systems or networks, or any systems or networks connected to the Sites or to Schmidt-Nagel Canada.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Schmidt-Nagel Canada on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Schmidt-Nagel Canada or others.

You are prohibited from and agree not to submit to the Sites any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Sites that constitutes a criminal offence or unlawful action.

You must not deploy any kind of destructive software on the Sites, such as a virus, computer worm, Trojan horse, time bomb, cancelbot or any other harmful file, program or code designed to interrupt, destroy or limit the functionality of the Sites. You must not attempt to gain unauthorized access to the Sites or other computer systems or networks related to the Sites, by hacking passwords or other means; obstruct or disrupt networks or servers related to the Sites or breach the rules, policies or procedures of such networks; or use, download or otherwise copy or provide to another person or entity the directory of users or other information on users, or information on the use or part of same for purposes other than those related to use of the Sites.

 

 

Registration with the Sites

 Certain pages of the Sites require registration. If you choose to register, you agree to provide accurate information regarding yourself, and to keep this information up-to-date.

You are responsible for:

• maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration;
• any activity carried on under your user name; and
• exiting your account at the end of each session.

You undertake to notify Schmidt-Nagel Canada in writing of any unauthorized use of your user name or your password as soon as you are aware of such activity, by email or otherwise. You are responsible for any losses or damages incurred until the time of the written notice.

 

Personal Information

All personal information that you may provide to the Sites is subject to our Privacy Policy. This policy is an integral part of these Terms of service and Schmidt-Nagel Canada invites you to read this policy carefully before giving any personal information.

 

Electronic Mail

Electronic mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free. Schmidt-Nagel Canada will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by Schmidt-Nagel Canada.

 

Customer Content

The Sites may offer you functions that allow you to submit to Schmidt-Nagel Canada messages, comments, data, texts, software, music, sounds, photographs, images, videos and other materials to be posted on the Sites (“Customer Content”).

When you submit your Customer Content to Schmidt-Nagel Canada for posting on the Sites, please be advised that you are granting Schmidt-Nagel Canada an unrestricted, irrevocable, non-exclusive, perpetual and royalty-free worldwide:

• license to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display your Customer Content for any purpose whatsoever; and
• sublicense to third parties who have access to the Sites to use on a computer, mobile telephone or other electronic device for personal and non-commercial use.

In addition to the granting of the above license, please be advised that:

• You agree to waive all moral rights to the Customer Content in favor of Schmidt-Nagel Canada;
• Schmidt-Nagel Canada cannot be held liable for any loss, corruption or damage to your Customer Content; and
• the Customer Content will be considered non-confidential.

By submitting your Customer Content to Schmidt-Nagel Canada, you represent and warrant to Schmidt-Nagel Canada that the Customer Content:

• is original;
• does not infringe any intellectual property right;
• belongs to you exclusively, or as the case may be, you have obtained the holder’s written permission to submit the Customer Content;
• does not contain any defamatory comment or any obscenity and does not violate a third party’s privacy or publicity rights.

 

Copyright

All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively the “Content”), including the presentation of the Content and the Customer Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to Schmidt-Nagel Canada, its affiliates or its licensors.

For so long as you agree to and comply with these Terms of service, Schmidt-Nagel Canada grants you a personal, non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you do not alter their Contents and that you retain the copyright notices.

The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.

 

Software

All the software integrated into or included on the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to Schmidt-Nagel Canada, its affiliates or its licensors.

You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.

You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites

 

Trademarks

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Sites may be trademarks belonging to Schmidt-Nagel Canada or other service providers, used with the consent of third-party owners (the “Trademarks”). You agree not to remove, edit or otherwise alter Trademarks, service marks, logos and other proprietary information contained on the Sites. Trademarks and the information contained on the Sites, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

 

No Additional Rights

Only those rights and licenses expressly set forth in these Terms of service are granted.  No other rights or licenses are granted under these Terms of service, whether by implication, estoppel, course of conduct, or otherwise.  Except as expressly set forth herein, nothing in these Terms of service is intended to transfer any of the right, title, and interest (including all intellectual property rights) from Schmidt-Nagel Canada and/or its licensors to you or any third party.  If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to Schmidt-Nagel Canada or its licensors, as the case may be, all such rights as of the effective date of these Terms of service and agree to execute all documents to implement and confirm the letter and intent of the foregoing.

 

Social media websites

Certain pages of the Sites may be accessible through various social media platforms, including, but not limited to, Facebook, Twitter, YouTube, LinkedIn and others. Before consulting or using the Sites through these social media platforms, you must read and comply with their respective terms of service and privacy policy.

 

Hyperlinks

The fact that the Sites offer links to other websites does not mean that Schmidt-Nagel Canada endorses or approves the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to Schmidt-Nagel Canada policies. Therefore, Schmidt-Nagel Canada shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink. Schmidt-Nagel Canada DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED, AS TO ANY SUCH LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.

 

Disclaimer of Warranties

 YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND THE INTERNET IS AT YOUR SOLE RISK.  THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  FLO PROVIDES THE SITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FLO WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SITES ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.

Schmidt-Nagel Canada makes no warranty regarding the Sites and/or their Content and expressly disclaims any warranties or representations that:

• They will meet your needs and expectations;
• They will be accurate, complete, reliable or relevant;
• Their operation will be uninterrupted, timely, secure, or error-free;
• That defects or errors will be corrected; or
• That they will be free of viruses or harmful elements.

 

Limitation of Liability 

You agree that in no event shall Schmidt-Nagel Canada, its affiliates and their employees, officers, directors or representatives (“Schmidt-Nagel Canada Representatives”) have any responsibility or liability for any loss or damage whatsoever, including incidental, indirect, punitive, exemplary, consequential or special damages (including but not limited to damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use or performance of the Sites or its Content even if Schmidt-Nagel Canada or any Schmidt-Nagel Canada Representative has been advised of the possibility of such damages or loss or if such damages or loss was foreseeable.

 

Schmidt-Nagel Canada and Schmidt-Nagel Canada Representatives disclaim all liability for the acts, omissions or conduct of any third-party user of the Sites or of any advertiser or sponsor of the Sites (“Third-Party Users”) and may in no case be held liable for any loss or damage (including, without limitation, special, indirect, consequential, punitive, exemplary or incidental damages) or costs arising in any manner from:

• The acts, omissions or conduct of a Third-Party User; and
• The use of or inability to use any software, Content or services of the Sites or offered through another site linked to the Sites.

 

Indemnification 

You will indemnify and hold Schmidt-Nagel Canada and Schmidt-Nagel Canada Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties resulting from:

• any breach by you of the Terms of service;
• your browsing or use of the Sites or any site to which the Sites are or may be linked from time to time, or your inability to do so;
• your use of or reliance upon publications, communications, distributions or downloads of any nature through the Sites; and/or
• your violation of any applicable law, rule or regulation.

You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.

 
Violation of These Terms of service

Schmidt-Nagel Canada may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Schmidt-Nagel Canada’s rights or property, or the rights or property of visitors to or users of the Sites, including our other customers. Schmidt-Nagel Canada reserves the right at all times to disclose any information that Schmidt-Nagel Canada deems necessary to comply with any applicable law, regulation, legal process or governmental request. Schmidt-Nagel Canada also may disclose your information when Schmidt-Nagel Canada determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Schmidt-Nagel Canada may preserve any transmittal or communication by you with Schmidt-Nagel Canada through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or Schmidt-Nagel Canada determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of service, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of Schmidt-Nagel Canada, its employees, users of or visitors to the Sites, and the public.

You agree that Schmidt-Nagel Canada may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms of service or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of service may constitute an unlawful and unfair business practice, and may cause irreparable harm to Schmidt-Nagel Canada, for which monetary damages would be inadequate, and you consent to Schmidt-Nagel Canada obtaining any injunctive or equitable relief that Schmidt-Nagel Canada deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Schmidt-Nagel Canada may have at law or in equity.

If Schmidt-Nagel Canada does take any successful legal action against you as a result of your violation of these Terms of service, Schmidt-Nagel Canada will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Schmidt-Nagel Canada. You agree that Schmidt-Nagel Canada will not be liable to you or to any third party for termination of your access to the Sites for any reason.

 

Void Where Prohibited

The information provided on the Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Schmidt-Nagel Canada to any registration requirement within such jurisdiction or country.  Schmidt-Nagel Canada makes no representation or warranty that any material on the Sites are lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions.  If you access or use the Sites from a jurisdiction outside of Canada, you are responsible for compliance with all applicable local laws.

Local laws in your respective jurisdiction may require that you be of a certain age in order to enter into certain legally binding arrangements such as the terms of these Terms of service.  In the event that you are under the required age, you may not continue to use the Sites, unless your parent or legal guardian has reviewed and agreed to these Terms of service.  Local laws may also require that children under a certain age are supervised during their use of the Sites.  By access and using the Sites, you warrant that you are old enough to access and use the Sites without supervision.  If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your access and use of the Sites at all times.

 

Governing Laws

The Sites are made accessible, operated and controlled by Schmidt-Nagel Canada in the province of Quebec, Canada. It can be accessed from various countries of the world. The laws of the province of Quebec, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Sites and your access and use of the Sites.  By accessing or using the Sites, you submit and consent to the exclusive jurisdiction of the province of Quebec with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these Terms of service, the Privacy Policy, any terms and conditions of sale and/or your access and use of the Sites.

 

Language

A French version of these Terms of Use is available on the Sites. Une version française de ces conditions d’utilisation est disponible sur les Sites.

 

Binding Arbitration and Class Action Waiver

You and Schmidt-Nagel Canada agree to arbitrate all disputes between you and Schmidt-Nagel Canada or its affiliates relating to your use of the Site or otherwise arising from these Terms of service, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to Schmidt-Nagel Canada’s products, except disputes relating to the enforcement of Schmidt-Nagel Canada or its affiliates’ intellectual property rights.  You and Schmidt-Nagel Canada empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of service, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to Schmidt-Nagel Canada’s products, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.  All disputes shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one and the place of arbitration will be Toronto, Ontario, and the language of the arbitration will be English. Except as may be required by law, neither party nor its representatives may disclose the existence, content or results of any arbitration related to these Terms, including the content of any documents exchanged within the arbitration proceedings, without the prior written consent of the other party.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you norSchmidt-Nagel Canada will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to the Site, these Terms of service, the Privacy Policy and limited warranty and terms and conditions of sale applicable to Schmidt-Nagel Canada’s products that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Toronto, Ontario, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Complaints, Notices and Contact Information

Schmidt-Nagel Canada takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously.  If you believe that any of the material that is or was on the Sites infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at info_ca@schmidt-nagel.com

 

General Provisions

 If any provision of these Terms of service, the Privacy Policy and/or terms and conditions of sale (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these Terms of service, the Privacy Policy and/or terms and conditions of sale and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The Terms of service, the Privacy Policy and/or terms and conditions of sale (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Each party acknowledges that, in entering into these Terms of service it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of service.  Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.  Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Schmidt-Nagel Canada.  The failure of party to assert any right under these Terms of service shall not be considered a waiver of that party’s right will remain in full force and effect. You are not allowed to assign these Terms of service or any rights hereunder.  Schmidt-Nagel Canada is allowed at its sole discretion to assign these Terms of service or any rights hereunder to any third party, without giving prior notice to you.

 

© 2022. Laboratoire Schmidt-Nagel Inc. All rights reserved.