WEB SITE TERMS OF USE

Thank you for choosing our products and services (further « Services »). The Services are rendered by ProPharma Group(further « ProPharma »), based at 4900-H rue de Sourcin, Saint-Augustin, Qc, Canada, G3A1E2. By using our services you accept the present Terms of Use. We encourage you to read them carefully.

We apply all the required security measures to protect ProPharma, as well as our customers, against any unauthorized access, modification, disclosure or destruction of data in our possession. We use SSL encryption technology for the majority of our services. We conduct internal audits for the collection, storing and processing of data in order to prevent any unauthorized access to our systems. Access to the data is strictly reserved for the employees, contractors and agents of ProPharma Group, who need to access the data in order to handle it on our behalf.

For the purposes of monitoring, you agree that ProPharma can disclose your contact information to Apotex Inc. once you activate your account.

ProPharma will make its best efforts to place backup copies of content on the servers. However, in no case shall ProPharma be held responsible for any damage, resulting from the loss of data.

We render our Services in compliance with obligation of means and within the ambit of that, which is commercially reasonable. We hope that you will enjoy using our Services. Meanwhile, our Services are covered by limitation of liability. UNLESS OTHERWISE EXPRESSIVELY PROVIDED IN THE PRESENT TERMS OF USE OR ADDITIONAL TERMS OF USE, NEITHER PROPHARMA, NOR ITS SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC WARRANTIES WITH REGARD TO THE SERVICES. FOR EXAMPLE, WE MAKE NO REPRESANTATIONS REGARDING THE CONTENT OF SERVICES, ANY SPECIFIC FUNCTIONALITY, AVAILABLE THROUGH THE USE OF SERVICES, THEIR RELIABILITY, USABILITY OR FITNESS FOR YOUR NEEDS. WE PROVIDE OUR SERVICES ON « AS IS » BASIS.

ProPharma continues upgrading and improving its Services. Therefore, we may add or remove functionality or functions. It is equally possible that we decide to suspend or completely terminate provision of a certain Service. You may stop using our Services at any time. However, we hope that you will continue using them. ProPharma reserves the right to discontinue providing you some or all of the Services, as well as to add or create new restrictions in the use of the Services at any time.

TO THE EXTENT PERMITTED BY THE LAW, PROPHARMA, ITS SUPPLIERS AND DISTRIBUTORS DISCLAIM ANY RESPONSIBILITY FOR LOSS OF PROFIT, REVENUE OR DATA, AS WELL AS FOR ANY INDIRECT, SPECIAL, CONSECUTIVE, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY THE LAW, THE OVERALL RESPONSIBILITY OF PROPHARMA, ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER PRESENT TERMS OF USE, INCLUDING ANY IMPLIED WARRANTIES, SHALL BE LIMITED TO THE AMOUNT, WHICH YOU PAID TO US FOR THE USE OF OUR SERVICES (OR, IF GIVEN THE CHOICE, TO THE OBLIGATION TO PROVIDE YOU THE SERVICES ANEW).

In case you are using our Services through a company, the latter should accept the present Terms of Use. Additionally, it should indemnify ProPharma, its subsidiaries, agents or employees against any responsibility and hold them harmless against all claims, action or proceedings, resulting from or connected with its use of the Services or arising from violation of the present Terms of Use, including all responsibility and financial charges, resulting from the claims, established loss or damage, raised action and pronounced sentences, as well as judicial expenses and attorneys’ fees.

In the event that ProPharma is involved in an operation of fusion, acquisition or any other form of share sale, we shall be obliged to guarantee privacy of your personal information and inform you before this information can be transferred or become subject to new privacy laws.

We may modify the current Terms of Use or any other additional terms of use, pertaining to any of the Services, for example, in order to reflect modifications in the law or in our Services. We recommend that you keep yourselves updated of our Terms of Use on a regular basis. In case you do not accept the amendments to the Terms of Use for any of the provided Services, you should discontinue using this Service. The current Terms of Use determine your interaction with ProPharma. They do not engender rights for the beneficiaries. Your incompliance with current Terms of Use and our failure to take immediate measures with this regard, shall not be deemed a waiver of our rights (for example, the right of taking further measures). In the event that any provision of these Terms of Use is held to be unenforceable, the remaining provisions will remain in full force and effect. This Agreement complies with the laws of Quebec and Canada, where they are applicable. The Parties irrevocably consent to the contestation, arising under this Agreement, to be brought in the courts, located in the judicial district of Quebec.