Terms and conditions for using the website
May 26th, 2014
The use of the site is governed by the present terms and conditions, relevant to the use of the site and to the sales. Below you will find a copy of these terms and conditions (the « terms and conditions ») which form a contract between you and Sphynx Medical. These terms and conditions can at all times be modified by Sphynx Medical.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
By using the site, you acknowledge having read and understood all of the terms and conditions and you declare accepting them. If you do not wish to be linked by these terms and conditions you can neither make use of the website nor order products through the site.
Sphynx Medical reserves the right to modify the terms and conditions at all times, with immediate effect the moment they are published on the website and without any responsibility towards the user. Whenever the terms are modified, the new terms and conditions are being displayed on the website, indicating the date of the latest update. Therefore you should read the terms and conditions every time you use the site or make a purchase. If, at any given time, you no longer find the terms and conditions acceptable, you must immediately stop going on or using the website.
TERMS FOR THE USE OF THE SITE
Modification of the site
Sphynx Medical has the right to end, change, suspend or discontinue any aspect of the site, including the availability of any functionality, at any time and without giving any notice or taking any responsibility. Sphynx Medical can also add, withdraw, modify or change in any other way any content of the site, or accessible through the site, or impose limits with regards to certain functionalities and services or restrict your access to certain or all parts of the site, without notice nor responsibility.
Restrictions relative to the use of the site
You can only use the site in accordance with these terms and conditions. Unless otherwise specified in one or another section of the site, no element of the site can be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way whatsoever, without having previously obtained the permission in writing of Sphynx Medical. You are allowed to display or download the elements of the site, but only for non-commercial purposes and as far as you don’t modify these elements and maintain all the notices of intellectual property they contain.
Trademarks. The names, words, titles, sentences, logo’s, designs, graphics, icons and commercial marks (globally called the “trademarks”) used or displayed on the site, on the products or on one of the elements included in or with the products, may represent trademarks or other intellectual properties, registered or not, of Sphynx Medical, the companies linked to it or of third parties.
Contents. The entire contents displayed on the site, on the products, including, more precisely, all of the photo’s, illustrations, designs, commercial marks, images and texts (globally called the “contents”) is the exclusive property of Sphynx Medical, of its affiliated companies or of third parties. We accord you a limited license for the purpose of consulting them, only for your own personal use and not commercially, on condition you keep intact all the credits and all the notices relative to the copyright and to the exclusive property. Except explicit contrary clause in the terms and conditions, no other use of the contents is authorized.
Absence of rights. Nothing of which appears on the site, on the products or elsewhere, can be considered, directly or indirectly, as granting you (or granting anyone) a license, a right, a title or an interest on the commercial marks or on any other intellectual property and the commercial marks and other intellectual properties remain the exclusive property of Sphynx Medical.
It is forbidden to copy, reproduce, use, distribute or transmit, partly or totally, the marks of commerce, the contents or any other intellectual property included on the site, in or with the product or on the elements that are included, without our previous written consent. Any non authorized action could expose you to a pursuit with civil responsibility and/or a criminal pursuit.
Links with other sites
The website contains links with websites run by other companies. When you click on these links, you leave the Sphynx Medical website. Sphynx Medical has neither developed them, nor verified their accurateness, nor reviewed the information contained on those sites. Sphynx Medical has no control over the exploitation of these web sites and the fact that they are listed on the Sphynx Medical site involves in no way the responsibility of Sphynx Medical, be it with regard to their contents, to the products/services supplied or to any damage or loss they might cause you.
THE FOLLOWING DISPOSITIONS APPLY TO THE USE OF THE SITE
Denial of warranty
THE SITE AND THE ELEMENTS IT CONTAINS ARE PROVIDED AS IS, WITHOUT ANY REPRESENTATION, WARANTY OR CONDITION, IMPLICITE OR EXPLICITE, UNDER RESERVE OF ANY APPLICABLE LAW TO A CONTRARY EFFECT, SPHYNX MEDICAL DECLINES ALL RESPONSIBILITY AND GIVES NO REPRESENTATION, WARANTY OR CONDITION, MORE PRECISELY THE WARANTY OF COMMERCIAL QUALITY, OF DURABILITY, OF COMMERCIAL VALUE, OF SUITABILITY TO A PARTICULAR USE OR THE ABSENCE OF FORGERY. ON TOP OF THAT, SPHYNX MEDICAL GIVES NO REPRESENTATION, WARANTY OR CONDITION RELATIVE TO THE USE, THE VALIDITY, THE ACCURATENESS OR THE RELIABILITY OF THE ELEMENTS REPRODUCED ON THE SITE OR WITH REGARDS TO THE RESULTS COMING FROM THE USE OF SUCH ELEMENTS OR TO THE FACT THAT THE SITE AND ITS CONTENT ARE AVAILABLE WITHOUT INTERRUPTION OR THAT THEY CONTAIN NO ERRORS (ALTHOUGH SPHYNX MEDICAL DOES ALL WHICH IS POSSIBLE TO ENSURE THE SITE CONTAINS NO ERRORS), THAT THE ERRORS/FLAWS ON THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVEUR HOSTING THE SITE CONTAINS NO VIRUSSES.
Limitation of responsibility
ON NO ACCOUNT SPHYNX MEDICAL, THE COMPANIES LINKED TO IT OR THEIR RESPECTIVE DIRECTORS, ADMINISTRATORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR EMPLOYEES WILL BE HELD RESPONSIBLE FOR THE DAMAGES, INDIRECT, PARTICULAR, CONSECUTIVE OR PUNITIVE, INCLUDING BUT NOT LIMITED TO, THE LOSS OF DATA, OF PROFITS, OF INCOME, OF BUSINESS OPPORTUNITIES OR OF ANY OTHER LOSS, DAMAGE, RESPONSIBILITY, COST OR EXPENSE RESULTING FROM OR IN RELATION WITH YOUR PURCHASE OF PRODUCTS ON THE SITE, THE USE OF THE SITE OR THE INCAPACITY TO USE THE SITE, WHICH EVER THE ORIGIN OF THE ACTION (CONTRACTUAL OR CRIMINAL RESPONSIBILITY, NEGLIGENCE, EXTREME NEGLIGENCE, OR FOUNDED ON ANY OTHER THEORY OF LAW, INCLUDING THE FUNDAMENTAL VIOLATION) AND EVEN IF SPHYNX MEDICAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN CASE THE RESPONSIBILITY OF SPHYNX MEDICAL COULD BE WITHHELD AT YOUR RESPECT, IT WILL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE OF THE PRODUCTS YOU PURCHASED.
Notwithstanding the preceding, nothing in the present article could have the effect of limiting whichever right you may have as customer by virtue of one or other law of public order ( including the laws on consumer protection) which could be applicable to you.
Sphynx Medical will not be held responsible for the non-fulfillment, fully or partially, of any one of its obligations towards you, nor of any damages or losses you may suffer, if the non-fulfillment, the damages or the losses result from a case of absolute necessity or of a circumstance beyond its control.
Applicable law and territorial competence
The terms and conditions are controlled in all respects by the current law of the Province of Quebec, Canada and any complaint relative to the site, to its content or to its use is controlled by the laws applicable in the province of Quebec, Canada. The enforcement of any rule of private international law or regarding the conflict of laws which could lead to the implementation of another law, as well as the Convention of the United Nations regarding the international sale of goods, is explicitly excluded.
The terms and conditions constitute the entire agreement between Sphynx Medical and yourself, regarding the object which is treated. If any of the elements of the terms and conditions or their application are declared invalid with regards to whichever status, rule or law, these measures will be separated from the conditions of use and the other measures of terms and conditions won’t be affected by it.