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Terms and conditions

WEBSITE TERMS OF USE CRYOKLEEN.CA

These website terms and conditions of use (“Terms of Use“) regulate your use of the website hosted at the URL https://cryokleen.ca, including all its sections and areas dedicated to and reserved for registered users. The Website is the property of and is operated by Cryokleen Canada Inc., with registered office in 157 Colonel Wayling Blvd. Sharon, ON Canada  L0G 1V0, ON Canada (hereinafter “Cryokleen Canada”, “we”, “us” or “our”).

In welcoming you to our Website, we invite you to carefully review these Terms of Use before continuing to access or use the Website. These Terms of Use apply to all visitors and/or users of, the Website. By accessing or using the Website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not agree with and/or accept these Terms of Use, you may not use this Website and must immediately discontinue your access and/or use.

Purposes and Functionalities of the Website

We use the Website to promote and provide information on Cryokleen Canada products, collections and initiatives and to help you to gather information on Cryokleen Canada, for example regarding where to find shops in which you can purchase our products. Specific sections in our Website, including the Cryokleen & Our Product page, may contain and make available additional functionalities. For example, users may be required to register and/or open a personal account by inserting their personal information in order to be granted access to reserved areas and content, added to specific mailing lists and/or receive newsletters relating to Cryokleen Canada products and initiatives, participate in marketing initiatives promoted by Cryokleen Canada, create customized lists of favorite Cryokleen Canada products and purchase Cryokleen Canada products online, if applicable, as well as for further purposes. Where opportune, such sections of the Website will be regulated by specific terms and conditions of use, duly made available to users. We thus invite you to review such specific terms and conditions of use, if any, on the occasion of your access to specific sections of our Website.

Registration and Personal Account

In the event that, in relation to the specific functionalities and/or sections of the Website you wish to access, you are required to register and open a personal account (“Account”). Please note that you will be responsible for all activities that occur under your Account (including but not limited to any purchases of our merchandise made through your Account, in the event that such functionality is available), unless you notify us that your Account has demonstrably been used by a third party without your consent. You are further responsible for maintaining the confidentiality of your access information and for ensuring that no third party accesses your Account without your consent.

Cryokleen Canada cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Please note that Cryokleen Canada may terminate or suspend your Account, at any time and without prior notice to you if: (i) Cryokleen Canada reasonably believes that you are using your Account in breach of these Terms of Use, (ii) Cryokleen Canada reasonably believes that a third party is using your Account without your consent, or (iii) Cryokleen Canada reasonably deems it necessary to terminate or suspend your Account for security or maintenance purposes. You can cancel your subscription to the www.cryokleen.ca at any time by accessing the personal area named “my profile”.

Processing of your Personal Information by  Cryokleen Canada

In order to enable you to access and use specific sections or functionalities of the Website, including areas dedicated and reserved for registered users, we may ask you to provide certain personal information relating to you. The processing activities we carry out in relation to the personal information you provide to Cryokleen Canada through our Website are extensively described in our Privacy Policy. To become aware of our practices and policy regarding processing of personal information, we invite you to review the Privacy Policy section available on the Website. By using the Website, you agree to the terms of the Privacy Policy acknowledge that any communication carried out through the internet can never be considered as totally confidential and secure and you understand that any information or message submitted to the Website could be read or intercepted by persons other than the legitimate addressees, even in the presence of any notices stating that a particular transmission is encrypted (e.g. a transmission of credit card information). If you do not agree with our practices and policy regarding processing of personal information and/or do not intend to accept them, we invite you to immediately discontinue your use of the Website.

Age of Majority

www.cryokleen.ca does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Our Products

Although Cryokleen Canada makes reasonable efforts to ensure that the information available on the Website is accurate and up to date,Cryokleen Canada does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. The circumstance that certain products or services are included on the Website does not imply any representation or warranty that these products or services will be available through the Website if you wish to purchase such and/or use the same at any particular time. We have made reasonable efforts to display as accurately as possible the appearance, and particularly the colours, of our products included on the Website. However, the actual colour you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colours. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the Website, without any notice to you. These modifications and deletions will apply immediately and to all future use of, or access to, the Website and future purchases of products or services. We will not provide any notice to you of these modifications unless required by law in which case we will provide you with the required notice under applicable law as set out in the General terms and conditions for the sale of Cryokleen Canada products www.cryokleen.ca

Content

All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, ” Cryokleen Canada “) is owned by Cryokleen Canada  and Sixtem Life Srl and/or its licensors, if any. All Cryokleen Canada Content is protected by national and international intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.

Cryokleen Canada Trademarks

All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, brand names and product names used, displayed or in any way included on the Website (” Cryokleen Canada Trademarks“) are the exclusive property of Cryokleen Canada and Sixtem Life Srl or of its licensors, if any. These Terms of Use do not entitle you in any way to use Cryokleen Canada Trademarks and we remind you that the use by you of Cryokleen Canada Trademarks in any manner is strictly prohibited.

Your Use of the Website

You are permitted to use the Website and Cryokleen Canada Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws and regulations. You acknowledge and agree that you may not and may not permit, assist or allow any third party to:

(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any

Cryokleen Canada Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;

(b) access or use this Website or any Cryokleen Canada Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;

(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or Cryokleen Canada Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Cryokleen Canada Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;

(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of Cryokleen Canada servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;

(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;

(f) breach the protection, security or authentication measures on the Website;

(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;

(h) exploit or use the Website, any

Cryokleen Canada Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Cryokleen Canada or others;

(i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website;

(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
Cryokleen Canada reserves the right to discontinue or suspend your access or use of the Website, without notice, if (i) we reasonably deem you have violated the Terms of Use, or (ii) we reasonably deem such a measure necessary for security reasons.

User’s Content

Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to Cryokleen Canada with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. You grant Cryokleen Canada the unlimited, explicit, worldwide, royalty-free right to use any ideas, concepts, know-how, or techniques received by Cryokleen Canada as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. Do not send Cryokleen Canada any content, item or information through the Website that you consider to be confidential or proprietary.

Third Party Content

The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties (“Third Party Content“).

Cryokleen Canada does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Cryokleen Canada of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Cryokleen Canada will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, Cryokleen Canada invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.

Payment Information

To make purchases through the www.cryokleen.ca, you must submit credit card information. You represent and warrant to Cryokleen Canada that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes that may occur regarding your billing information, including billing address changes. You authorize Cryokleen Canada to use any updated credit card information submitted by your credit card company directly to Cryokleen Canada. If you dispute any charges, you must inform Cryokleen Canada within fifteen(15) days upon receipt of the invoice. We reserve the right to change prices or fees required to purchase items. Your continued use of the www.cryokleen.ca after the price change becomes effective constitutes your agreement to pay the changed amount.

Service Fees / Payments / Invoices

All www.cryokleen.ca charges are quoted and billed in Canadian Dollars unless otherwise noted.

www.cryokleen.ca uses an automated 3rd party payment processing system trough Bambora Gateway secured payment system.

Cryokleen Canada / www.cryokleen.ca don’t host or keep any payment information in their servers. All clients are required to maintain valid payment information on file for the processing of any applicable service fees.

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

Warranty Disclaimer

You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content.

Cryokleen Canada takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Cryokleen Canada Content contain any viruses and defects. However,

Cryokleen Canada cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “Equipment“) will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Cryokleen Canada Content. You are responsible of procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Cryokleen Canada Content and for the related costs and expenses.

Cryokleen Canada does further not warrant that the Website or any Cryokleen Canada Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and Cryokleen Canada Content are delivered on an “as is” and “as available” basis. In addition, Cryokleen Canada disclaims all warranties, express or implied, including any warranty of accuracy, TIMELINESS, completeness, non-infringement, merchantability or fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by applicable law,

Cryokleen Canada shall in no event be liable to you or any third party for any damage or loss arising out of use of the Website and/or

Cryokleen Canada Content or any information contained on or the products which may be sold through the Website, including without limitation, any liability for (a) any loss of or corruption to data, (b) loss of or damage to your technological, computer equipment, hardware or software, (c) any loss or damage whether or not foreseeable by you and/or us and regardless whether you notified us that you may incur such damage if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.

Cryokleen Canada shall not be liable for any consequential or indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data, loss of profits, or any other loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, nothing in these Terms of Use excludes or limits Cryokleen Canada liability to you for Cryokleen Canada misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website.

Cryokleen Canada disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information or statements, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Cryokleen Canada against any legal action, claim, or complaint from any third parties, and any related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or Cryokleen Canada Content or arising from your breach of these Terms of Use.

Changes to the Terms of Use

Cryokleen Canada reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.

General Terms

These Terms of Use are governed by and shall be interpreted pursuant to the laws of Canada without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use exclusively in the Court of Toronto (Canada) and you further consent to the jurisdiction of the Court of Toronto (Canada) for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these Terms of Use. For the avoidance of doubt, nothing herein shall preclude the right of Cryokleen Canada to bring claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use in any court of competent jurisdiction, including but not limited to, the Court of Toronto (Canada). The foregoing applies to save for any right under the mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users.

In the event that any provision of these Terms of Use is deemed unlawful, invalid or unenforceable, such provision shall be modified to the minimum extent required to make it lawful, valid or enforceable and the remainder of these Terms of Use shall remain fully valid and enforceable. These Terms of Use are the entire agreement between you and Cryokleen Canada relating to the subject matter of the same. All provisions of these Terms of Use apply to the maximum extent permitted by the applicable law. In particular, if you access and/or use this Website as consumers, the mandatory rights granted to you by the applicable law shall not be subject to any limitation.