Terms of Use

WELCOME TO BIAPH WEBSITE (THE “SITE”). THIS SITE IS OWNED AND OPERATED BY BIAPH (HEREINAFTER, BIAPH WILL BE REFERRED TO AS “US”, “WE”, “THE COMPANY” OR “BIAPH ”) . PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Purpose of the Site

The purpose of the Site is to provide you with information about BIAPH , our services, the campaigns that we support and the activities we undertake. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Errors and Misprints

BIAPH endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. BIAPH does not warrant that the content of the Site including, without limitation, product descriptions, colours or photographs of products, is accurate or complete. BIAPH reserves the right to do the following, without prior notice or liability to you or any other person: (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c) change the prices, fees, charges of such products and services; (d) change any promotional offers; and (e) limit quantities available for sale or sold.

Ownership and Permitted Use of the Site

BIAPH is, unless otherwise stated, the owner of the Site (including all content, page headers, customs graphics, button icons, and scripts and the presentation, selection, coordination, enhancement and arrangement of the information and content in the Site). Without limiting the foregoing, the Site is protected by Canadian and international copyright, trade mark and other laws as a collective work and/or compilation. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents.

Changes to the Site and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site.

External Links

We may provide links to other websites. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

Disclaimer of Warranties

THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BIAPH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES, REPRESENTATIONS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE IMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING EXCLUSIONS OR LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.

Amendment of the Terms

We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Applicable Law

These Terms or Use are governed by the laws of Canada and Ontario. Any disputes arising under or in connection with these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Superior Court of Ontario and the Federal Court.

Copyright

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to BIAPH , PO Box 67012 South Common Mall, Mississauga, Ontario, L5L 5V4 or support@biaph.com :

Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.