Updated on January 16, 2020
Please read these Terms of Use (collectively with PediaVit’s Privacy Policy, the “Terms of Use”) fully and carefully before using www.pediavit.ca (the “Site”) and the services, features, promotions, credits, content, applications, or products offered by PediaVit™ and its affiliates (“we”, “us”, “our”, “PediaVit”) (together with the “Website”, the ”Services”). By accessing and browsing this Site, you accept these Terms of Use, without limitation or qualification, and acknowledge that any other agreements regarding the use of this Website between you and Exzell Pharma Inc. (“Exzell”) are superseded and of no force or effect. If you do not agree to the Terms of Use, please leave the Website and do not use it. This Website is for residents of Canada only.
This Site contains information and resources related to PediaVit™ and its products and related health and well-being information (the “Site Content”) and is provided by Exzell solely and exclusively for the purpose to enhance your understanding, use and enjoyment of PediaVit™ product.
The Site may, from time to time, contain health related information, including as relating to various medical conditions and their treatment. Should a medical condition arise or persist, you are strongly advised to promptly see your physician or other medical professionals.
RIGHT TO ACCESS AND USE
Exzell grants you a personal, non-transferable and non-exclusive license to access, read, download and print the Site Content (which includes without limitation, all data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) which is displayed on the Site from time to time solely and exclusively for your personal and private, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any Site Content for public or commercial purposes, without the express written permission of Exzell. You may, to the extent available to do so and subject to these Terms of Use, use the Site to access such other related information, materials and services as may be made available from PediaVit™ through the Site from time to time hereafter. You agree that you acquire absolutely no rights or licenses to any Site Content other than the limited right to access and use the Website and Site Content in accordance with these Terms of Use. Exzell reserves the right to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the Site or Site Content. Exzell also reserves the right to change, modify, suspend, or discontinue the Site or any Site Content at any time without notice at its sole discretion and for any reason and without further obligation or liability to you. Changes may be periodically made to the Site and/or the Site Content and may be made at any time without notice to you. If you are dissatisfied with the Site, the Site Content, your use thereof or with any of the terms, conditions, guidelines, practices or policies of Exzell in operating the Site, you agree that your sole and exclusive remedy shall be to discontinue using the Site.
LINKS
The Site may include hypertext links to other websites solely for the purpose of helping you identify and locate other sources of information that may be of interest. Any such links do not imply an endorsement of (including that Exzell has reviewed such sites) or association with such third-party websites and Exzell is not responsible for such third-party websites or the information contained on such third-party websites. Use of third-party websites is entirely at your sole discretion and risk. You may not create links from other websites to this Site. Any copying, republication or redistribution of any part of the Site or Site Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Exzell.
SITE USE RESTRICTIONS
You agree that when using the Site you will not: 1) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; 2) post material for advertising or commercial solicitation; 3) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or 4) post or transmit content which is indecent, obscene or pornographic or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law. You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any Site Content from the Site or for any other purpose in connection with your access to and use of the Site. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or to shut down, overload or overwhelm the Site.
LIMITATIONS
The Site Content is made available for informational purposes only. While Exzell has made reasonable efforts to ensure that all Site Content is accurate and up to date, Exzell does not guarantee that any Site Content is error free, complete, accurate, reliable or current.
You acknowledge and agree that this Site, Exzell and/or the Site Content does not purport to provide medical, health or other professional advice and nothing on the Site, in the Site Content or in these Terms of Use shall be taken, implied or construed as an offer to provide, or a provision of, medical or health advice or as a recommendation for any specific course of action. Any information offered in relation to the nutritional content or health benefits of any PediaVit™ products or in relation to other health issues is general in nature and is provided for informational purposes only. It is not a substitute for professional health or medical advice and it should not be relied upon. Countries other than Canada may have regulatory requirements or medical practices that are different than those of Canada and may require reference to different or additional information. Therefore, the Site Content may not be appropriate outside of Canada.
You agree the Site and Site Content are provided on an “as is” basis, and is for your personal, private use only, without any representations or warranties of any kind or nature whatsoever. Exzell Pharma Inc., to the fullest extent permitted by law, disclaims all express or implied conditions, representations and warranties, of any kind or nature and makes no warranties about the accuracy, reliability, completeness, or timeliness of any Site Content or the site or any third-party information.
Exzell is not responsible for errors or delays in transmission over the internet and does not warrant that the Site will operate error free or uninterrupted or that the Site or any Site Content is free of computer viruses and other harmful elements or that the Site or Site Content will meet your requirements or expectations.
In no event shall Exzell or any of its officers, directors, employees or agents, be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages, harm, injury, cost expense or other losses or any kind or nature whatsoever (whether based on warranty, contract, tort, equity, strict liability, patent or copyright infringement or any other legal theory) resulting from the use of, or the inability to make use of, the Site or any Site Content (including without limitation in any connection with the transmission or downloading of any Site Content from the Site or submissions to the Site or any lost files, data or information supplied by you) or the use of, or your reliance on, any Site Content or other information contained on the Site, whether or not Exzell is advised of the possibility of such damages or ought to have reasonably known of the potential for such damages.
Your privacy and the security of your personal information are very important to Exzell. The PediaVit™ Privacy Policy explains how Exzell collects and uses certain information, including the personal information that you supply to Exzell or otherwise make available through this Site.
In addition to complying with these Terms of Use, you agree to use the Site and Site Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Site shall not be used where, and to any extent, such use is prohibited by law. Your use of the Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Site is in full compliance with the laws of the jurisdiction(s) to which you are subject and that you are not prohibited from using the Site due to any restriction whatsoever.
TRADE-MARKS
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site or in the Site Content may constitute trademarks or trade names of PediaVit™, its affiliates, related companies, their licensors or other third parties. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right to use any such trade-marks, names, marks, or other intellectual property rights of PediaVit™, its affiliates, related companies or their licensors or any other third party. Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.
LOCATION AND LAW
The Site is physically located on servers at and is administered by Exzell Pharma Inc. from its offices in, Province of Ontario, Canada. By accessing the Site, you and Exzell agree that all matters relating to access to, or use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms of Use, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and Exzell also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
INDEMNIFICATION
You hereby indemnify to the fullest extent Exzell from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If, in any jurisdiction, any of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, such Terms of Use shall be restricted or eliminated to the minimum extent necessary and the remaining Terms of Use shall otherwise remain in full force and effect. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ENTIRE AGREEMENT AND ASSIGNMENT
These Terms of Use (together with PediaVit™ Privacy Policy) constitute the entire agreement between you and Exzell relating to the access to and use of the Site and the Site Content. Anything on the Site inconsistent with these Terms of Use is superseded by these Terms of Use. These Terms of Use may be assigned by Exzell to any other person in Exzell’s sole discretion. You may not assign these Terms of Use.
WAIVERS
No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Exzell unless agreed to by Exzell in writing. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such Term and Condition or any other term or condition. All waivers by Exzell must be in writing and signed by an authorized representative of Exzell.
NOTICES
All notices and communications by or to a party shall be in writing and shall be made via e-mail to contact@pediavit.ca for notices to Exzell, or to the e-mail address that you may provide to Exzell in connection with your use of the Site. Either party may revise its contact information by sending the other the corrected email address to the address specified in the preceding sentence. Exzell may also broadcast notices or messages, or other matters of importance, on the Site; and you agree that such broadcasts shall constitute notice to you whether or not you actually access the communication or notice via the Site. Notice by e-mail or posting on the Site shall be deemed given forty-eight (48) hours after the e-mail is sent or is posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.
SURVIVAL
The disclaimers, limitations on liability, interpretative provisions, your warranties and indemnities shall survive any termination or expiration of these Terms of Use.
THIRD-PARTY CONTRIBUTORS
The Site may include sections and/or content provided by third parties (“Third Party Contributors”). The views and opinions expressed by Third Party Contributors are the views and opinions of the Third-Party Contributors and do not necessarily reflect the views and opinions of Exzell, the National Health Products Directorate or Health Canada. Further, and without limiting the generality of the foregoing, the inclusion or posting of any such section or content on the Site does not imply an endorsement of the content (including that Exzell has reviewed such content) and Exzell is not responsible for the content provided by Third Party Contributors.
CHANGES TO TERMS OF USE AND PRIVACY STATEMENT
Exzell reserves the right to modify these Terms of Use at any time. It is your responsibility to review these Terms of Use each time you visit the Site and you are deemed to be aware of such amendments. If these Terms of Use (including PediaVit™ Privacy Policy), changes, the revised Terms of Use will be updated and the date of the newest version will be posted above. If you do not agree to the amended Terms of Use, you shall immediately stop accessing and using the Site. Your continued use of the Site after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use and Conditions.
