Term of use

TERMS & CONDITIONS OF USE

Last updated May 2017

PART A – INTRODUCTION

These Terms and Conditions of Use (the “Terms of Use”), together with any documents referred to herein, govern your use of the APT Aesthetic Ltd. website, its related sites, services, applications, and tools (collectively, the “Services”), with information and/or access to the Services available at https://www.aptmedicalaesthetics.com/ (the “Website”).

The Services are operated by APT Aesthetics Ltd. (the “Company”), a corporation incorporated
under the laws of the Province of Ontario. Contact details for the Company can be found on the Website.

PART B – ACCEPTING THE TERMS OF USE

By using the Services you confirm that you accept these Terms of Use and that you agree to abide by them. The word “you” in these Terms of Use refers to the individual accessing any of the Services offered by the Company, and also to any corporation or other legal entity that any such individual represents.

If you do not agree to the Terms of Use you must promptly discontinue your access to and use of the Services. Any continued use of the Services will be considered as consent and agreement to the Terms of Use.

PART C – TERMS APPLICABLE TO USE OF SERVICES

1. Not Professional Advice

Content of the Services such as text, graphics, images, and any other material accessible through the Services (“Service Content“) are for informational purposes only. The Service Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified professional advisor with any questions you may have regarding any Service Content. Never disregard professional advice or delay in seeking it because of any Service Content you have read or seen.

The Service Content is not intended to represent all available information regarding any topic, and does not present information from all potential sources of information. The Company does  ot recommend or endorse any specific information, opinions, or other information that may be appear in the Service Content. Reliance on any Service Content and any other information, however presented, obtained through the Services is solely at your own risk. 

2. Use of Content

The Service Content is protected by copyright, trademark and/or other laws and regulations of Canada. Title to the Service Content remains with the Company and/or its Business Partners (as defined below). Any use of the Service Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company.

You understand that when using the Service Content, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

3. Advertisements, Searches & Links

The Company may provide links to third-party web sites in connection with the Services, and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

PART D – GENERAL TERMS

1. Intellectual Property

The content of the Services, including without limitation any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Services is the “Content”. The Content includes materials contributed to the Services by or on behalf of the Company and its affiliates, licensors, or clients, customers, other users and other third parties the Company does business with (collectively, the “Business Partners”).

The Services and all Content, materials, data and other information created by the Company and its affiliates, licensors, or Business Partners, are protected by copyrights, trademarks,  service marks, patents, trade secrets and/or other proprietary rights and laws. The Company owns and retains all rights, title, license and interest therein and thereto. Unless expressly authorized by the Company or otherwise permitted in accordance with applicable law, you hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works of any part of the Services or Content. Any access or use of the Services or Content for commercial purposes other than those expressly permitted by the Company is prohibited.

2. Passwords and Security

In connection with your use of the Services, you may have a username and password (together, “ID”). You hereby agree to keep your ID confidential and to refrain from disclosing or sharing it with anyone. You acknowledge and agree that you are solely responsible for preventing the unauthorised use of your ID.

3. Disclaimers

Although the Company aims to offer you the best service possible, the Company makes no promise that the Services will meet your requirements. The Services are offered on an as-is and as available basis. The Company cannot guarantee that the Services will be fault- or virus-free or continuously available. Your access to the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company may modify or discontinue the Services, or any part thereof, at any time.

When using the Services, information will be transmitted over a medium that may be beyond the control of the Company, its licensors or suppliers. Accordingly, neither the Company, its licensors nor suppliers assume liability for nor relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to same.

4. LIABILITY

THE SERVICES ARE PROVIDED TO YOU ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS, WITHOUT ANY WARRANTY. THE COMPANY FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THE SERVICES, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL THE COMPANY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.

5. Indemnity

You hereby agree to indemnify the Company, our representatives, affiliates, suppliers and Business Partners, and hold all of us harmless from any and all third party claims and expenses including, without limitation, attorney’s fees, arising from or relating to: (i) any misuse by you of the Services, or any Service Content; (ii) any breach by you of any of these Terms of Use; and (iii) any breach by you of any law or regulation or any rights of any third party.

6. Changes to Terms of Use

The Company reserves the right to change the Terms of Use from time to time, at any time. When these changes occur the Company will revise the date of the last modification at the bottom of the Terms of Use.

Any continued use of the Services after the changes have been posted and have come into effect will be deemed consent and agreement to abide by the revised Terms of Use. If you do not agree to any revisions made to the Terms of Use you must immediately discontinue the use of the Services.

7. Applicable Law

Use of the Services shall in all respects be governed by the laws of the province of Ontario, Canada, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Ontario courts located in Toronto, Ontario, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les
documents qui s’y rattachent soient rédigés en anglais.

8. Miscellaneous

These Terms of Use serve as the complete and exclusive agreement between you and the Company. These Terms of Use supersede and replace any and all previous discussions, negotiations, understandings and agreements, written or oral, regarding any or all of the subject matter herein, except that any provisions herein related to the treatment of confidential or proprietary information shall be in addition to any other agreement between you and the Company with respect to confidentiality and/or nondisclosure obligations.

No term of this Terms of Use will be deemed waived by reason of any previous failure to enforce it. No term may be waived except in writing, signed by the party waiving enforcement. Any provision deemed invalid by a court of competent jurisdiction shall be enforced to the extent permissible. No provision deemed invalid either in part or whole shall affect the validity of the remaining provisions within the Terms of Use.

Except as otherwise expressly provided by these Terms of Use the Company will not be held liable for failure or delay in performance under these Terms of Use due to any cause beyond our reasonable control.

The Company may assign these Terms of Use, in whole or in part, without notice to you at any time. Your rights under these Terms of Use are in no way transferrable, in whole or in part, without our prior written consent.

The headings used in the Terms of Use are for reference purposes only and have no legal or contractual significance. No provision of the Terms of Use shall be interpreted against a party merely because that party or its legal representative drafted said provision.

If a discrepancy is found in any translation of these Terms of Use, then the English language version shall prevail.

9. Contact

If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to APT, please contact APT at: APT Aesthetics Inc. 1276A Cornwall Road, Oakville, Ontario, L6J 7W5 Canada”).