Terms and Conditions of Use

All Terms and Conditions below may change over time to adapt to changes in our service, the development of technologies and laws. This Terms and Conditions document was updated on May 18, 2018.

 

Terms and Conditions of Use of the Websites

 These terms and conditions of use outline the rules and regulations for the use of Rheabrio’s Website (www.rheabrio.com) and Facembrace's Website (www.facembrace.com) (“Sites”). Please read these terms and conditions carefully. They contain important information about your rights and obligations, as well as the limitations and exclusions that may apply to you, hereafter called the User (or “Users”).

Sites. Rheabrio’s and Facembrace's Websites (Sites) are owned by 9310-3760 Quebec inc. (“Rheabrio”). The company is located in Brossard, Quebec, Canada. Facembrace is a trademark of Rheabrio. By accessing those Sites, Users accept these terms and conditions in full. Do not continue to use Rheabrio’s or Facembrace's Website if you do not accept all of the terms and conditions stated on this page.

Meaning of Information. “Information” means the information, materials, and content provided in the pages of the Sites.

Use of Information. The content of the Sites is provided for information purposes only, unless otherwise indicated, and is not intended to provide specific medical advice to Users and should not be relied upon for that purpose. Users should not act or rely on the Information without seeking the advice of a professional.

Consent to Collect and Use Online Activity Information.  By using Rheabrio’s and Facembrace's Websites, Users consent to the use of cookies in accordance with Rheabrio’s Privacy Policy. Rheabrio may collect User’s online activity information, using cookies and other tracking technology, and may use it to assess the effectiveness of online promotions, to gather data about website functionality or to understand interests and needs.

Intellectual property and trademarks.  Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the pages of those Sites are trade names or trademarks owned by Rheabrio. All intellectual property rights are reserved. Any unauthorized downloading, retransmission, or other copying or modification of trademarks and/or the contents of those Sites, may be a violation of federal or other law or common law rights that may apply to trademarks and/or copyrights, and could expose the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, sell, redistribute, reproduce, republish, store in any medium, retransmit, modify, or make public or commercial use of the Information in any form.

Disclaimer of warranties, representations, conditions and endorsements.  Rheabrio does not give, make or set any warranties, representations, conditions, guarantees or endorsements, whether expressed or implied by law, statute, trade usage or otherwise, with respect to the functionality or conditions of those Sites or the Information contained therein. Without limiting the generality of the foregoing, Rheabrio does not give, make or set any express or implied warranties, representations, conditions, guarantees or endorsements to the effect that the Information, accessed from or through those Sites, will be free of errors or omissions.

 

General Terms and Conditions of Sale

By placing an order, User and Private Banner signify that they have read and understood the Terms and Conditions herein, and have agreed to the terms of its implications and its policies, legally binding them according to the applicable laws and regulations.

Website Contents. The contents of Sites are the property of Rheabrio. Rheabrio tries to give the most recent and correct information possible. However, errors may occur without our knowledge and despite Rheabrio’s will. When products are advertised on Facembrace’s Website, Rheabrio cannot guarantee that they will be available at the time of purchase or in the future.

Privileges. Rheabrio retains the following privileges:

  1. Update the entire Sites at any time, without warning and without involvement between Users or any other person;
  2. Update or modify the products and services available online, prices and costs, the various promotions, at any time, without warning and without involvement between Users or any other person;
  3. Deny, modify or delete any order, whether already accepted or not, for any reason that Rheabrio might find valid;
  4. Set a maximum quantity of goods and services up for sale.

Price. The total cost of User’s purchase will be shown in the confirmation email. All payments must be made through a Canadian-based credit card. Rheabrio will not accept gift cards or prepaid credit cards. When ordering, the purchase price will be locked in the credit card account. It may take 24 to 72 hours for the transaction to appear in User’s billed transactions on his credit card account. All orders will be considered valid only when Rheabrio approves them. Rheabrio reserves the right to refuse any sale, and this, for all the reasons it deems valid. Prices can be changed without notice. All prices listed on Sites include neither shipping and handling, nor applicable taxes, which will be added at the billing. The taxes of User’s province of residence will be applied for any purchase. All prices and other amounts appearing on Sites are in Canadian dollars. People who have not attained the age of majority cannot make purchases online.

Payment Processor. Rheabrio sells to both health professionals (via Private Banner) and individuals (the Users).  In both cases, they pay with a credit card. Rheabrio’s payment processor is Stripe.  Stripe is the only one that uses and manages User’s or Private Banner’s credit card information as per its Privacy Policy – Worldwide (https://stripe.com/ca/privacy).

Delivery.  Rheabrio uses many shipping providers and makes every effort to get the product to the User in a timely manner. All existing or newly added shipping addresses must be valid Canadian addresses and confirmed by Stripe. User’s order can only be delivered at the shipping address registered in the Stripe payment.

 

Electronic Access Agreement for Use of the Private Section of Facembrace’s Website

This Electronic Access Agreement applies when Private Banner accesses or uses the Private Section of Facembrace’s Website.

Account.  “Account” means any available account a Private Banner may access from time to time to buy the products.

Private Banner.  “Private Banner” means the organization, including its representatives, which has been given the right by Rheabrio to order and pay products via the Private Section of Facembrace’s Website.

Services. “Services” means services and features that Rheabrio offers to Private Banners throughout the Private Section of Facembrace’s Website and that may be accessed by an electronic access device such as a personal computer, cell phone, wireless device or any other electronic device of which we may allow the use to access the Services (“Electronic Access Device”). It includes, but is not limited to, viewing account and contact information, order notice and previous orders, and addresses of clinics.

 Password. “Password” means confidential numbers and/or letters Private Banner combine to identify itself and must provide to access the Services.

User name. “User Name” means either the client number or a combination of numbers and/or letters that Rheabrio may allow Private Banner to select, or the email address Private Banner provided. Private Banner must provide a User name with a Password to access the Private Section of Facembrace’s website.

Use/Electronic Instructions. Private Banner must use its user name and Password to access the Private Section of Facembrace’s Website. Once the Services have been accessed, Private Banner agrees to be responsible for any instruction given to Rheabrio by Private Banner, or purported to be given by it, and authorizes Rheabrio to accept these instructions. Rheabrio may maintain a database of electronic instructions and electronic transactions.

Communication and Contracts by Electronic Means. Rheabrio will treat any request received electronically (“Electronic Instruction”) as a request written and signed by Private Banner. Private Banner agrees that any communication or contract delivered or received by electronic means shall be considered to be signed and/or delivered and to constitute a "writing" for the purposes of any statute or rule of law. Private Banner acknowledges that an Electronic Instruction received or sent electronically is final and cannot object to it later. Private Banner agrees not to dispute any such communication or order on the basis that it was delivered or received by electronic means, including on the basis that it was not “in writing” or was not signed or delivered as a hard copy. Rheabrio may, at its sole discretion, decline to act on Electronic Instruction and shall not incur any liability for failing to do so.

Security. Private Banner must always keep its Passwords strictly confidential and must not disclose the Passwords to anyone. If Private Banner knows or thinks that someone may know its Passwords, it must tell Rheabrio immediately and must change the Passwords immediately, as applicable.

Third Party. Private Banner understands and agrees that Rheabrio may use Third Party Service Providers to provide or to help provide the Services.

Liabilities. Rheabrio will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by a Private Banner with respect to:

  1. this Agreement or the Services, or
  2. any instructions given to, by or purported to be given by the Private Banner in connection with the Services.

Rheabrio will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by the Private Banner in a case where we have been negligent (to be determined in light of reasonable commercial standards). In no event, even if we are negligent, will Rheabrio be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to Private Banner, regardless of the cause of action, even if Rheabrio has been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by the Private Banner that is caused by:

  1. the actions of, or any failure to act by, a Third Party (and no such Third Party will be considered to be acting as our agent);
  2. mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data or information given by the Private Banner to Rheabrio or to any Third Party Service Provider; (ii) any data or information given by any Third Party;
  3. any delay, error, interruption or failure by Rheabrio to perform or fulfill any of our obligations to the Private Banner due to any cause beyond Rheabrio’s control (including any system malfunctions or technical failures);
  4. any delay or inability to access or use the Services;
  5. Private Banner’s failure to fulfill any of its obligations under this Agreement, including those about Security, or to comply with any instructions Rheabrio may provide to Private Banner from time to time in connection with the Services.

Suspension/Termination. Rheabrio can terminate (either all or part of) this Agreement, or suspend or terminate Private Banner access to any of the Services immediately, for any reason whatsoever and at any time, without prior notice. Rheabrio will not be responsible for any loss or inconvenience that may result from such suspension or termination. Private Banner may terminate this Agreement by giving Rheabrio notice of termination by telephone, at +1 514 561-7824.

Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the use of Private Section by Private Banner, including the Terms and Conditions contained therein, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Quebec. By accessing and using Private Section of Facembrace’s Website, Private Banners submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Sites, including the Terms and Conditions contained therein.

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