Terms and Conditions

Terms and Conditions

Effective Date (Last Updated): January 24, 2019

Welcome to Biogenique!

We encourage you to read these Terms and Conditions, which dictate the understanding and legal contract between you (“you”, “user”, “your”) and Biogenique Laboratories Ltd. (“Biogenique”, “We”, “Us”, “Our”) prior to using Our websites: www.biogeniquevitamins.com, (“Website”, “Site”, “Service”). By leveraging this Site, you agree to these Terms and Conditions and acknowledge that your use signifies a legal signature. If you don’t accept these Terms and Conditions, refrain from using this Site.

Biogenique has the right to alter, amend, incorporate, or delete sections of these Terms and Conditions at any given time; please check here periodically for modifications. If required by law, We will provide notice of significant changes to these Terms and Conditions by posting a notice on this Site, modifying the Effective Date at the beginning of this page, and/or sending you an email if you have agreed to receive communications from Us. Your persistent use of this Site following posted alterations to these Terms and Conditions denotes your acceptance and agreement to those modifications.

When utilizing specific services or features of this Site, or making purchases on this Site, you agree to any posted guidelines and policies relevant to such services, features, or purchases, all of which are hereby integrated by reference into these Terms and Conditions.

Privacy

Biogenique is dedicated to safeguarding the privacy of your personal information transmitted on this Site. By using this Site, you agree to Our Privacy and Cookies Policy; if you disagree with Our policy, refrain from using this Site.

Copyright and Trademark Notice

You acknowledge and agree that Biogenique solely owns all rights, title, and interest in all content and the compilation of such content on this Site, including but not limited to copyrights, registered and unregistered trademarks, service marks, trade names, trade dress, domain names, logos, products, trade secrets, patents, inventions, know-how, and all other intellectual property (“Content”), except for any content belonging to third parties, and that such Content is protected by Canadian and international copyright and intellectual property laws and other applicable laws. Content on this Site further includes overall design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, as well as certain names, words, titles, phrases, designs, icons, page headers, scripts, all data, images, illustrations, photographs, video clips, and written and other materials.

You may access and use this Site and its Content only as permitted by law. Biogenique grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site. Biogenique authorizes you to view and download Content only for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices contained in the original Content. Without limiting the generality of the foregoing, Content may not be used in connection with any products or services that do not belong to or are authorized by Biogenique, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Biogenique. You agree that you acquire absolutely no rights or licenses to any Content other than the limited right to access and use this Site in accordance with these Terms and Conditions.

Except as expressly authorized by these Terms and Conditions or elsewhere on this Site, you may not copy, reproduce, duplicate, distribute, transmit, display, modify, sell, frame, perform, exploit in any way, create derivative works from, republish, reuse, post or repost, upload or download, or otherwise use, any of the Content in any form or by any means, without the prior written authorization of Biogenique. Without such authorization, you may be in violation of copyright and intellectual property laws and other applicable laws of Canada and other jurisdictions.

Biogenique reserves the right, in its sole discretion, to take such steps as it deems necessary, including legal action, to restrain any unauthorized use of this Site or its Content. Biogenique also reserves the right to change, modify, suspend, or discontinue the Site or any Content at any time, without notice and at its sole discretion, and for any reason and without further obligation or liability to you. If you are dissatisfied with this Site, its Content, your use thereof, or with any of the terms, conditions, guidelines, or policies applicable to your use of this Site, you agree that your sole and exclusive remedy shall be to discontinue using this Site.

All other content on this Site belonging to third parties is the property of its respective owners. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any content belonging to third parties; any unauthorized use of such content is strictly prohibited.

User Behaviour

Biogenique appreciates and values your comments, queries, feedback, and participation on this website. When you contribute content on this website, you attest that your submission is truthful, lawful, your original work, does not infringe upon any third party’s rights, and is not threatening, harassing, defamatory, slanderous, violative of another individual’s privacy, vulgar, obscene, profane, indecent, offensive, hateful or objectionable in any manner. You must not take action that intends to disrupt or could disrupt this website’s appropriate operation and functioning or another user’s access, use, and enjoyment of this website.

You agree not to send content of a commercial nature, including any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You further agree not to send content that you do not have the legal right to transmit under any law or contractual or fiduciary relationships.

Disclaimer Regarding Information and Products

The information that Biogenique provides on this website is exclusively for informational purposes and should not replace the advice of your physician or other healthcare professional. We might also provide links to third-party websites only for informational purposes. Biogenique is not accountable for, and will not be liable for, any actions or decisions you or another person makes based on the information on this website or on third-party websites. Biogenique does not make any representations or warranties about the information provided on this website, nor does it recommend any specific product or service. The responsibility for making your health-related decisions lies with you.

Before using any medication or nutritional, herbal, or homeopathic product, starting any diet, exercise, or supplement program, adopting any treatment for a health issue, or if you have or suspect a health problem, consult with a healthcare professional. Our products should not be mistaken for prescription medicines and should not substitute medically supervised therapy. Please read all the information provided with our products, including labeling and packaging, carefully.

If you experience a reaction to a Biogenique product, or if a medical condition persists or arises, you are strongly encouraged to promptly see your physician or another medical professional. You should also consult with your healthcare provider regarding any potential interactions between any medication you are currently taking and nutritional supplements.

The Information and Products on This Website May Contain Statements That Have Not Been Evaluated by the U.S. Food and Drug Administration. These Products Are Not Intended to Diagnose, Treat, Cure, or Prevent Any Disease.

Third Party Websites and Content

This website may provide links to other websites for your convenience. Biogenique does not control or endorse these third-party websites and is not accountable or liable for the content on these websites. You agree that your use of third-party websites and content is entirely at your sole discretion and risk. You further agree that Biogenique will not be liable, directly or indirectly, for any loss, damage, or other claim caused or alleged to be caused by or in connection with access to, use of, or reliance on any third-party websites and their content.

Your Account and Payments

By using this website, you attest that you are at least the age of majority in your state, province, or place of residence. When you create and use a customer account on this website, you are responsible for the following: (1) keeping your account and password confidential; (2) all activities that occur under your account or password; and (3) keeping your information truthful, accurate, current, and complete. If you know or suspect that your account and password’s confidentiality has been compromised, you must immediately notify Us at the email listed below. Biogenique reserves the right to refuse service, terminate accounts, terminate the use of this website, remove or edit content, and cancel orders at Our sole discretion and without notice.

You agree to pay all fees or charges to your account on this website according to the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the website, the full cost of products you order (for which prices are subject to change without notice) assessed against your credit card. Without limiting the generality of the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your customer account, regardless of whether you actually receive those products. Biogenique will provide you with reasonable notice of any significant modification in the fees charged for the services and products, which notice may be provided by posting the new fee schedule on this website.

For payments on this website, Biogenique will use Shopify Payments.

Protection Agreement

You commit to protect, compensate, and absolve Biogenique, its branch companies and associates, as well as each of their pertinent officers, executives, workers, professional advisors, and agents, from any and all charges, lawsuits, demands, losses, liabilities, harms, costs and expenditures, including but not limited to, reasonable legal and accounting fees and expenditures, alleging or arising from your utilization of this Site and/or its Content, or your violation of these Terms and Conditions, infringement of any rights pertaining to Biogenique or third parties, and transgression of any other relevant law.

Warranty and Liability Exclusion

You Explicitly Comprehend and Concur That Your Use of the Site Is at Your Sole Responsibility. You Concur That the Site and Site Content Are Offered on an « As Is » And « As Available” Condition, and Is for Your Personal, Private Utilization Only Without Any Assurances or Warranties of Any Sort or Type.

Except as Otherwise Explicitly Stated in This Contract, Biogenique, Its Parent, Branches and Other Affiliated Firms and Their Respective Officers, Executives, Workers and Other Representatives (Collectively, « Biogenique »), To the Greatest Extent Allowed by Law, Explicitly Renounce All Express or Implied Conditions, Representations, and Warranties, of Any Kind or Nature, Including, but Not Limited to the Implied Warranties of Merchantability, Suitability for a Particular Purpose and Non-violation.

Except as Otherwise Explicitly Stated in This Contract, Biogenique Offers No Guarantees about the Precision, Reliability, Completeness, or Timeliness of Any Site Content or the Site or Any Third Party Information. Biogenique Is Not Accountable for Errors or Delays in Transmission over the Internet and Does Not Guarantee That the Site Will Operate Flawless 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 Fulfill Your Requirements or Expectations. Biogenique Gives No Assurance That (I) the Site Will Fulfill Your Needs, (Ii) the Site Will Be Uninterrupted, Prompt, Secure, or Error-free, (Iii) the Results That May Be Obtained from the Use of the Site Will Be Accurate or Reliable, (Iv) the Quality of Any Products, Services, Information, or Other Material Obtained by You Through the Site Will Fulfill Your Expectations, and (V) Any Errors in the Site Will Be Corrected. Any Material Downloaded or Otherwise Obtained Through the Use of the Service Is Done at Your Own Discretion and Risk and You Will Be Solely Responsible for Any Damage to Your Computer System or Loss of Data That Results from the Download of Any Such Material. No Advice or Information, Whether Oral or Written, Obtained by You from Biogenique or on or Through the Site Shall Create Any Warranty Not Explicitly Stated in This Contract.

All Products and Services Purchased on or Through the Site Are Subject Only to Any Applicable Warranties of Their Respective Manufacturers, Distributors And/Or Suppliers, If Any. To the Greatest Extent Permissible by Applicable Law, Biogenique Renounces All Warranties of Any Kind, Either Express or Implied, Including Any Implied Warranties with Respect to the Products and Services Listed or Purchased on or Through the Site. Without Limiting the Generality of the Prior, Biogenique Explicitly Renounces All Liability for Product Defect or Failure, Claims That Are Due to Normal Wear, Product Misuse, Abuse, Product Modification, Incorrect Product Selection and Non-compliance with Any Printed Instructions.

You Understand That, to the Extent Permitted under Applicable Law, in No Event Shall Biogenique or Any of Its Officers, Executives, Workers or Agents, Parents, Branches, Affiliates, or Licensors Be Liable for Damages of Any Kind, Including 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), Including but Not Limited to Damages for Loss of Revenues, Profits, Goodwill, Use, Data, or Other Intangible Losses, Arising out of or Related to 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 Biogenique Is Advised of the Possibility of Such Damages or Ought to Have Reasonably Known of the Potential for Such Damages. Biogenique Shall Not under Any Circumstances Be Liable for Any Damages of Any Kind Arising out of, in Connection with or Relating to the Use of or Inability to Use the Site, Including Any Liability (I) as a Publisher of Information, (Ii) as a Reseller of Any Products or Services, (Iii) for Any Defective Products, (Iv) for Any Incorrect or Inaccurate Information, (V) for Any Unauthorized Access to or Disclosure of Your Transmissions or Data, (Vi) for Statements or Conduct of Any Third Party on the Site, or (Vii) for Any Other Matter Relating to This Site or Any Third Party Website. This Is a Comprehensive Limitation of Liability That Applies to All Damages of Any Kind, Including Any Direct, Indirect, Special, Incidental or Consequential Damages (Including Damages for Loss of Business, Loss of Profits, Loss of Good Will, Loss of Use, Loss of Data, Cost of Procuring Substitute Goods, Services or Information, Litigation or the like), Whether Based on Breach of Contract, Breach of Warranty, Tort (Including Negligence), Product Liability or Otherwise, Even If an Individual Advises of the Possibility of Such Damages. The Limitations of Liability Set Forth Herein Are Fundamental Elements of the Basis of the Bargain Between Biogenique and You. The Products, Information and Services Offered on and Through the Site Would Not Be Provided Without Such Limitations. Notwithstanding the Prior, the Sole and Entire Maximum Liability of Biogenique for Any Reason, and Your Sole and Exclusive Remedy for Any Cause or Claim Whatsoever, Shall Be Limited to the Amount Paid by You for Any Product, Information or Service Purchased by You from Biogenique on This Site.

Certain Jurisdictions Do Not Allow the Disclaimer of Specific Warranties or the Limitation or Exclusion of Liability for Certain Types of Damages. As such, Some of the Prior Disclaimers and Limitations May Not Apply to You. In Such Jurisdictions, the Exclusions and Liability Are Limited to the Greatest Extent Permitted by Law.

In instances where Biogenique is unable, under relevant legal terms, to reject any inferred warranty or restrict its responsibilities, the range and tenure of such warranty and the magnitude of Biogenique’s accountability will be limited to the smallest extent permissible under that relevant law.

Regulatory Guidelines

This Site is managed by Biogenique, a corporation constituted under the legislation of Ontario, Canada. You consent that all factors pertaining to the access and usage of this Site and its Content, along with all interactions, data transmissions, and transactions linked to this Site, will be considered to have taken place in the Province of Ontario, Canada. They will, along with these Terms and Conditions, be interpreted and regulated in line with the laws of the Province of Ontario and the laws of Canada as applicable, without triggering any principles of conflicts of law. Both you and Biogenique agree to and unreservedly yield and submit to the sole personal and subject matter jurisdiction and venue of the courts of Ontario, Canada, regarding these issues, and for the settlement of any conflict founded upon or relating to these Terms and Conditions.

Your access to this Site from any given location is subject to your adherence to any applicable laws and regulations. You accept that your use of this Site aligns fully with the laws of the jurisdiction(s) under which you fall, and that no restrictions whatsoever bar you from utilizing this Site.

Overall Terms

These Terms and Conditions, along with Biogenique’s Privacy and Cookies Policy and any other guidelines and policies integrated by reference herein, form the comprehensive agreement between you and Biogenique concerning your use of this Site and its Content (« Agreement »). If any part of this Agreement is considered indeterminate, illegitimate, null, or otherwise unenforceable by a court of competent jurisdiction, that part will be regarded as severable to the minimum extent necessary, and all other parts of this Agreement will persist in full effect.

This Agreement replaces any and all preceding or simultaneous agreements, representations, warranties, and understandings, both written or spoken, concerning the subject matter of this Agreement. No promises, statements, or inducements, written or verbal, not contained in this Agreement shall obligate either you or Biogenique. Unless expressly stipulated herein, this Agreement may not be altered, enhanced, qualified, or interpreted except in written form and endorsed by the involved parties. Biogenique’s failure to enforce any part of this Agreement shall not represent a waiver of any of Biogenique’s rights under this Agreement. Only a definite, written waiver executed by Biogenique’s authorized representative shall bear any legal effect. Biogenique may delegate this Agreement to any other individual at Biogenique’s discretion. You may not assign, transfer, or delegate your rights or responsibilities under this, in whole or in part.

You consent that this Agreement is an electronic document and will be: (a) considered for all intents to be a « writing » or « in writing, » and comply with all statutory, contractual, and other legal prerequisites for a writing; and (b) legally enforceable as a signed writing against the parties subject to the electronic documents. A printed edition of this Agreement and any notice given in electronic format shall be permissible in judicial or administrative proceedings, based upon or relating to this Agreement, to the same degree and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You acknowledge that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Biogenique will forward notices and other communications to you via email, using the address you have provided to us. You commit to send Biogenique notices and other communications pertaining to your use of this Site and this Agreement at our email address listed below. You accept that the delivery of our communications is effective when sent by Biogenique, irrespective of whether or when you read or receive our communication.

Get in Touch

If you have any queries or feedback about these Terms and Conditions, please contact Biogenique at:

User change the text enough so that it won’t be seen as a copy, but the meaning must remain the same, just sometimes use different synonimms and contrusctions. the words « Biogenique » should also be changed to « Biogenique » and « Ontario » to « Québec », here is the texte : Governing Laws

This Site is controlled by Biogenique, a business incorporated under the laws of Ontario, Canada. You agree that all matters relating to access and use of this Site and Content, and all of the communications, transmissions and transactions associated with this Site, shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms and Conditions, be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable, without giving effect to any principles of conflicts of law. You and Biogenique hereby consent and irrevocably submit and attorn to the exclusive personal and subject matter jurisdiction and venue of the courts of Ontario, Canada, with respect to such matters, and for the resolution of any dispute based upon or relating to these Terms and Conditions.

Your use of this Site from any location is subject to your compliance with any laws and regulations that may be applicable to you. You agree that your use of this 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 this Site due to any restriction whatsoever.

General Provisions

These Terms and Conditions, together with Biogenique’s Privacy and Cookies Policy and any other guidelines and policies incorporated by reference herein, constitute the entire agreement between you and Biogenique regarding your use of this Site and its Content (“Agreement”). If any part of this Agreement is deemed indefinite, invalid, illegal, void, or otherwise unenforceable by a court of competent jurisdiction, that part shall be deemed severable to the minimum extent necessary and all other parts of this Agreement will continue in full force and effect.

This Agreement supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. No representations, statements or inducements, written or oral, not contained in this Agreement shall bind either you or Biogenique. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing and signed by the parties hereto. No failure by Biogenique to enforce any part of this Agreement shall constitute a waiver of any of Biogenique rights under this Agreement. Only a specific, written waiver executed by Biogenique’s authorized representative shall have any legal effect whatsoever. Biogenique may assign this Agreement to any other person in Biogenique’s discretion. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.

You agree that this Agreement is an electronic document and 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 this Agreement and any notice given in electronic form shall be admissible in judicial proceedings 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.

You agree that all agreements, notices, messages, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. Biogenique will send notices and other communications to you by email, using the address you have provided to Us. You agree to send Biogenique notices and other communications pertaining to your use of this Site and this Agreement at Our email address listed below. You agree that the delivery of Our communications is effective when sent by Biogenique, regardless of whether or when you read Our communication or receive it.

This Site is directed by Biogenique, a company established in accordance with the laws of Quebec, Canada. You agree that all aspects related to access and usage of this Site and its Content, and all communications, transmittings, and operations related to this Site, are considered to have happened in the Province of Quebec, Canada, and will, alongside these Terms and Conditions, be guided by and interpreted following the laws of the Province of Quebec and the laws of Canada as relevant, without invoking any principles of conflicts of law. Both you and Biogenique henceforth agree and irrevocably consent and submit to the sole personal and subject matter jurisdiction and venue of the courts of Quebec, Canada, concerning such matters, and for the settlement of any disagreement based on or related to these Terms and Conditions.

Your usage of this Site from any location is conditional upon your adherence to any applicable laws and regulations. You acknowledge that your use of this Site is in complete alignment with the laws of the jurisdiction(s) to which you are accountable, and that no restriction whatsoever prohibits you from accessing this Site.

Main Stipulations

These Terms and Conditions, in conjunction with Biogenique's Privacy and Cookies Policy and any other rules and policies referenced herein, form the comprehensive contract between you and Biogenique regarding your use of this Site and its Content ("Agreement"). If any segment of this Agreement is deemed indefinite, invalid, unlawful, null, or otherwise unenforceable by a court of competent jurisdiction, that part will be considered separable to the minimum extent necessary, and all other parts of this Agreement will remain in full effect.

This Agreement replaces any and all preceding or simultaneous agreements, declarations, guarantees, and understandings, both written or spoken, relating to the subject matter of this Agreement. No representations, declarations, or incentives, written or verbal, not included in this Agreement shall obligate either you or Biogenique. Except as expressly provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing and signed by the concerned parties. Biogenique's failure to enforce any part of this Agreement shall not amount to a waiver of any of Biogenique’s rights under this Agreement. Only a specific, written waiver executed by Biogenique’s authorized representative shall carry any legal impact. Biogenique may delegate this Agreement to any other individual at Biogenique's discretion. You may not assign, transfer, or delegate your rights or duties under this, in whole or in part.

You acknowledge that this Agreement is an electronic document and will be: (a) considered for all purposes to be a "writing" or "in writing," and comply with all statutory, contractual, and other legal prerequisites for a writing; and (b) legally enforceable as a signed writing against the parties subject to the electronic documents. A printed version of this Agreement and any notice given in electronic format shall be permissible in judicial or administrative proceedings, based on or related to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally produced and preserved in printed form.

You consent that all agreements, notices, messages, disclosures, and other communications that we offer to you electronically satisfy any legal requirement that such communications be in writing. Biogenique will forward notices and other communications to you by email, using the address you have given to us. You commit to sending Biogenique notices and other communications related to your use of this Site and this Agreement at our email address listed below. You agree that the delivery of our communications is effective when dispatched by Biogenique, irrespective of whether or when you read or receive our communication.

Connect With Us

If you have any inquiries or remarks about these Terms and Conditions, please reach out to Biogenique at:

Biogenique
5393 Avenue du Parc,
Montréal Quebec
H2V 4G9, Canada