Website Use Terms and Conditions of Use
These terms and conditions of use for martelsante.ca (the “Website“), constitute a legal agreement and are entered into by and between you and PK INVEST (“Company“, “we“, “us“, “our“, “PK INVEST“). The following terms and conditions, together with any printed catalogues delivered to you from us in connection with the products offered on this Website (“Catalogues“), govern your access to and use of any products offered on or through the Website.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. if you do not meet all of these requirements, you must not access or use the Website.
By using the Website, you accept and agree to be bound and comply with these terms and conditions. If you do not agree to these terms and conditions, you must not access or use the Website.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Statement.
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The website name Martlesante, the Company’s logo(s), and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
Your Use of the Website
You understand, acknowledge, and agree to the following:
- by using this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, provincial, federal and international laws, rules and regulations;
- You grant to PK INVEST the right to use all content you upload or otherwise transmit to this Website, subject to these Terms and Conditions and our Privacy Statement in any manner PK INVEST chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it;
Except as expressly stated and agreed upon in advance by PK INVEST, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to PK INVEST (such as feedback, questions, comments, suggestions, ideas, etc.). If any PK INVEST website, including this Website, requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), PK INVEST shall obtain, use and maintain it in a manner consistent with our Privacy Statement. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and PK INVEST shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to PK INVEST is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.
This Website includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
Without limiting the provisions set forth above, you expressly acknowledge and agree that:
- USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. The Company MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. the Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE INCLUDES LINKS TO OTHER WEBSITES THAT the Company HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST the Company WITH RESPECT TO SUCH WEBSITES. NONE OF the Company OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE. DISCLAIMER REGARDING HEALTH INFORMATION.
- IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
- THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OR HEALTH INFORMATION POSTED OR OTHERWISE AVAILABLE ON OR THROUGH ACCESS TO THE WEBSITE OR CATALOGUE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED PAGES, OR ANY OTHER SITES LINKED TO THE WEBSITE AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY ARISING FROM THE CONTENTS OF ANY OFF-SITE PAGES OR SITES. THE INFORMATION PROVIDED BY THE COMPANY ON THE SITE IS FOR EDUCATIONAL PURPOSES ONLY AND IN SUMMARY FORM INTENDED TO PROVIDE GENERAL CONSUMER UNDERSTANDING AND KNOWLEDGE OF HEALTH CARE TOPICS AND THE COMPANY IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTION OR DECISION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED ON THE WEBSITE OR CATALOGUE. YOU ARE RESPONSIBLE TO REVIEW AND UNDERSTAND ALL PACKAGE AND PACKAGE INSERT INFORMATION CONCERNING PRODUCTS PURCHASED FROM THE COMPANY. THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER/PHYSICIAN PRIOR TO STARTING ANY TREATMENT OR IN CONNECTION WITH ANY HEALTH PROBLEMS OR QUESTIONS. THE INFORMATION CONTAINED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE FOR YOU, AND SHOULD NOT BE RELIED UPON IN THAT REGARD. YOU SHOULD NOT ACT OR RELY ON THE INFORMATION CONTAINED ON THE WEBSITE WITHOUT SEEKING THE ADVICE OF A HEALTH CARE PROVIDER/PHYSICIAN.
- YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT.
- THE WEBSITE CONTAINS FORWARD-LOOKING STATEMENTS THAT REFLECT THE COMPANY’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, THE SUCCESS OF CURRENT RESEARCH PROGRAMS, RESULTS OF PENDING OR FUTURE CLINICAL TRIALS, ONGOING COMMERCIALIZATION OF ITS PRODUCTS, REGULATORY APPROVALS OF PHARMACEUTICALS, VALIDITY AND ENFORCEMENT OF ITS PATENTS, THE STABILITY OF ITS COMMERCIAL RELATIONSHIPS, AND THE GENERAL ECONOMIC CONDITIONS. THE COMPANY INTENDS TO UPDATE THIS SITE ON A REGULAR BASIS BUT ASSUMES NO OBLIGATION TO UPDATE ANY OF THE CONTENT.
Products and Product Labelling
Unless otherwise noted, product names, descriptions and labeling are of Canadian origin. Products may not be available in all countries or may be available under a different brand name, with different ingredients, or for different uses. Except as expressly stated and agreed upon in advance by PK INVEST, no director, employee, agent, or representative of PK INVEST, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Web site.
The products and the claims made about specific products on or through this Website or through any Catalogue have not been evaluated by PK INVEST Corporation or the Canadian Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Without limiting the foregoing provisions of these Terms and Conditions, the information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care provider or any information contained on or in any product label or packaging. You should consult with a health care provider before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Information about each product is taken from the labels of the products or from the manufacturer’s advertising material. PK INVEST is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes Sport supplementation should be used by persons 18 years and older.
Any user information and User Submissions will be deemed our property and your submissions and use of our Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Statement as we deem necessary for use of the Website.
Privacy and Security
We are committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Statement and by accessing and using our Website, you agree to the terms of our Privacy Statement.
YOU RECOGNIZE AND AGREE THAT WHEN SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION TO PK INVEST WHILE PK INVEST HAS SAFEGUARDS IN PLACE TO PREVENT UNAUTHORIZED ACCESS OR INTERCEPTION, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE SECURITY, COMPLETENESS, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Third Party Websites
For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.
LIMITATION OF LIABILITY
PK INVEST DOES NOT ASSUME ANY LIABILITY FOR THE MATERIALS, INFORMATION AND OPINIONS PROVIDED ON, POSTED TO OR OTHERWISE AVAILABLE THROUGH THE WEBSITE OR ANY CATALOGUE OR ANY RELIANCE BY YOU ON ANY OF THE PRODUCTS OFFERED THROUGH THE WEBSITE, RELIANCE ON THESE MATERIALS, INFORMATION AND OPINIONS IS SOLELY AT YOUR OWN RISK. PK INVEST DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF THIS WEB SITE, OR THE CONTENT CONTAINED THEREON.
IN NO EVENT SHALL PK INVEST, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY PK INVEST, ITS SUBSIDIARIES OR AFFILIATES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. This Website is controlled and operated by PK INVEST from Winnipeg, Manitoba, Canada, and these terms shall be governed by the laws of Manitoba and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of Manitoba in connection with the interpretation or application of these terms. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to PK INVEST or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
PK INVEST makes every attempt to continually update its Website with current product listings and information; however, products and product information shown may have changed since the last update of this site.