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Terms of Use

Last updated: June 8th, 2018

These Terms of Use explain how you may use this website (ca.croma.at,the “Website”) which is operated by Croma Aesthetics Canada (500 King Street West Suite 300, Toronto, Ontario M5V 1L9, Canada)(“Croma”, “we”, “us” or “our”, as appropriate). When you access, browse, or use this Website, you accept and agree to, without limitation or qualification, these Terms of Use. If you do not accept or agree with all of these Terms, you should cease using the Website immediately.


Your Right to Use the Website and its Contents

The Website is for your personal and non-commercial use only. You may not:

  • use the Website for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
  • reverse engineer, decompile, copy, capture, modify, manipulate, distribute, transmit, license, sublicense, display, reproduce, republish, upload, link, revise, perform, distribute, exploit, transfer, sell or otherwise make available to any third party or otherwise publish, create derivative works from or exploit in any way the Website (in whole or in part) or any text, images, audio, video, graphics, software, artwork and other multimedia content or materials (the “Content”) for any business, commercial, or public purpose and except as permitted by us under these terms or as expressly provided under applicable law; 
  • use the Website to distribute any viruses, malware or other similar harmful software or otherwise interrupt or attempt to interrupt the operation of the Website in any way; or
  • defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party.

As long as you comply with these Terms of Use, Croma grants you a non-exclusive, non-transferable, limited right to use the Website. We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms of Use or any applicable law.


Ownership

This Website and all intellectual property rights in the Website and in the Content are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include, without limitation, all copyright, trademarks, domain names, design rights, logos, database rights, patents and all other intellectual property rights of any kind), whether registered or unregistered (the “Intellectual Property”). There are a number of proprietary logos, service marks, and trademarks found on the Website, all of which are owned by, licensed to, or otherwise authorized for use by Croma. By making them available on the Website, Croma is not granting you any license to utilize those proprietary logos, service marks, or trademarks. The use or misuse of any Intellectual Property or any other Content on the Website except as provided in these Terms of Use is strictly prohibited and nothing contained on this Website shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property without our permission.


Rights to User's Material

Croma welcomes your feedback, and is pleased to have you submit your comments regarding its products. However, we request that you do not submit any patentable ideas, advertising or marketing suggestions, materials or any other information related to the business of Croma. If, despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of Croma ("Unwanted Submissions"), these Unwanted Submissions shall be deemed, and shall remain, the exclusive property of Croma. No Submissions shall be subject to any obligation of confidence on the part of Croma, and Croma shall not be liable for any use or disclosure of any Unwanted Submissions. Without limitation of the foregoing, Croma shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Unwanted Submissions of every kind and nature, in perpetuity, worldwide, and Croma shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Unwanted Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Unwanted Submissions.

Furthermore, the Website is not a secure means of communication and any message or information you submit to us through this Website may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to Croma does not create any reciprocal obligation or responsibility of Croma to you.

You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive any and all moral rights you may have in any such Content but that any personal information that you supply with your Content may, if we choose to do so, be used by us in accordance with our Privacy Policy. Furthermore, we assume no responsibility for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any Content you supply


Links to Other Websites

The Website may contain links or references to third party websites other than the Website. Croma provides such links for your convenience only, and is not responsible for the content, material or information contained in such links. Links from the Website to any other website do not indicate that Croma approves of, endorses, sponsors, or recommends that website. Croma disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Your use of a third party site may be governed by the terms and conditions of that third party site. 


Descriptions and Availability of Products 

While we use reasonable efforts to include accurate and up-to-date information and descriptions of all products displayed on the Website, we do not represent, warrant or promise that the product descriptions are complete or error-free. 

When you purchase Croma products from either a local or online authorized retailer, your business relationship is exclusively with that retailer. You are not buying Croma products directly from Croma. Therefore, all conditions of sale, such as guarantees, shipping procedures, return policies and pricing are governed by this retailer. Furthermore, you should direct all inquiries concerning your order or the Croma products you purchased to this retailer. 


Modifications

We reserve the right to modify these Terms of Use and add, change, discontinue, remove, or suspend any Content posted on the Website, including features and specifications of products and services described or depicted on the Website. In the event that we modify these Terms of Use, we will provide notice at least thirty (30) days before the amendment comes into effect by posting the amended Terms of Use on our Website. The modified Terms of Use shall come into effect thirty (30) days after they have been posted on our Website. You may refuse the modified terms by ceasing to use our Website. Your continued use of our Website thirty (30) days after the modified terms have been posted online constitutes your consent to be bound by the new terms.


Disclaimer of Warranties and Damages

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE) IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CROMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, NON-INFRINGEMENT OR COMPLETENESS, ACCURACY AND CURRENCY OF ANY CONTENT ON THE WEBSITE. FURTHERMORE, CROMA DOES NOT WARRANT THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITE.


Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CROMA’S NEGLIGENCE, SHALL CROMA BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE WEBSITE, EVEN IF CROMA OR AN AUTHORIZED REPRESENTATIVE OF CROMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CROMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00. 

Moreover, while we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website. 


General Provisions

These Terms of Use and the Privacy Policy and any additional terms posted on the Website together constitute the entire agreement between Croma and you with respect to your use of the Website.If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use. 

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, without reference to its conflicts of law rules. Any dispute between Croma and you or any other person arising from, connected with or relating to the Website, this agreement or any related matters must be resolved before the courts of Ontario.

The failure of Croma to enforce these Terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Please note that both the English and French versions of these Terms have equal legal value. 

If you have any questions about these Terms of Use, please contact us at: manny.kapur@cromacanada.com

 

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