WELCOME TO OCUCALM.CA
Please read these terms of use before using or submitting content in any form or by any means for publication on Ocucalm.ca. By continuing to use this site or by submitting content or comments for publication on this site, you agree to abide by and be bound by these terms. We reserve the right to change these terms at any time, and you agree (including by your continued use of our site) to be bound by such changes.
TRADEMARKS
"Ocucalm.ca" is a trademark of Oeilsec Inc. The names of all products and services mentioned on our website are the trademarks of their respective owners. The display of trademarks or trade names on our website does not convey or create any licence or other rights in these marks or names. It is prohibited to use them without authorization.
GENERAL TERMS AND CONDITIONS
By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions, including any additional terms and conditions referenced here and/or available by hyperlink. These terms of use apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.
Any new features or tools added to the current store will also be subject to the terms of use.
Be sure to check these terms from time to time to stay informed of any additions or changes.
REFUND/RETURN POLICY
Sealed products, in their original packaging, may be eligible for a refund if returned within 14 days. Shipping charges are non-refundable.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE Ocucalm.ca.
By accepting these terms of use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow one of your dependents to use this site.
SUBSCRIPTION, ACCOUNTS, AND PASSWORDS
If you choose to open an account on the website, you represent that you are of legal age to enter into a binding contract and that you have not been excluded from receiving services under the laws of Canada or any other applicable jurisdiction.
You also agree to the following :
- To provide accurate, current, and complete information about you as required in the service subscription form (the “Subscription Data”);
- To maintain and update the Subscription Data to keep it accurate, current, and complete;
- To be responsible for all activities carried out from such subscription or account. If you provide any information that is untrue, inaccurate, incomplete, or outdated, or if we have reason to believe that such information is untrue, inaccurate, incomplete, or outdated, we have the right to suspend or terminate your account and we may deny you any current or future use of this site.
You are responsible for maintaining the confidentiality of your identity and password. Ocucalm.ca will not be held responsible for any unauthorized use of your account. In the event that the confidentiality of this information is compromised, please notify us as soon as possible to avoid possible fraudulent use of your identity. Ocucalm.ca will not be held responsible for any loss or harm resulting from, among other things, failure to comply with the security measures set forth in this section. In this regard, you are advised to carefully read the LIMITATION OF LIABILITY contained in these terms of use in order to understand the scope of your responsibilities regarding the services of the Ocucalm.ca website.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred without encryption and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over the networks.
DISCLAIMER
Your use of this website and the content you choose to download is at your own risk. Ocucalm.ca assumes no responsibility for costs associated with lost or damaged data, repairs, or replacement of property, materials, or equipment, or any other damage resulting from your use of this website or the materials on it.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Ocucalm.ca does not guarantee the quality, accuracy, or completeness of any claims, statements, or information found on our website. Ocucalm.ca makes no representation that the information or products contained or offered on this website are suitable for any specific purpose. All information is provided “as is” without warranty or condition of any kind. This website may contain inaccuracies or typographical errors. In no event shall Ocucalm.ca be liable for any damages whatsoever, direct or indirect, arising out of the use of this website or the inability to use this website in a timely manner, or arising out of any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort (including negligence), or otherwise, even if there is a fundamental breach or Ocucalm.ca has been advised of the possibility of damages.
We reserve the right to change the content of this site at any time, but we have no obligation to update the information on it. You agree that it is your responsibility to monitor changes to our site.
SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content of it) without notice and at any time. We will not be liable to you or any third party for any modification, price change, suspension, or interruption of the Service. Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are eligible for return or exchange only in accordance with our return policy.
We reserve the right, but are under no obligation, to limit sales of our products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our opinion, appear to have been placed by resellers, dealers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
THIRD PARTY LINKS
Some content, products, and services available through our service may include material from third parties.
Third party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or assume any responsibility for any third party materials or websites, or for any other third party materials, products, or services.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, and availability may appear on our site or in the service. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information on the Service or any associated website is inaccurate at any time without notice (including after you have submitted your order).
We disclaim any obligation to update, modify, or clarify information on the Service or any associated website, including, without limitation, pricing information, except as required by law. No update or refresh date specified for a Service or associated website shall be deemed to indicate that all information on the Service or any associated website has been changed or updated.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that comments must be approved before being published on Ocucalm.ca. Comments are filtered to eliminate racist or hateful language, defamatory language, inappropriate language, threats to users, and spam. Ocucalm.ca does not analyze or fact check user comments. If you rely on information posted by other users, you alone assume the risk. If any of your comments are posted on the Ocucalm.ca website, you grant Ocucalm.ca and its successors a non-exclusive, worldwide, royalty-free, perpetual right and licence under your copyright to use, adapt, publish, distribute, translate, reproduce, and create derivative works from or based on such materials in any and all media without any obligation to you. You further waive irrevocably all of your moral rights as the author of such information, regardless of its basis.
If, at our request, you send certain specific contributions (e.g., contest entries) or, if we do not request it, you send creative ideas, suggestions, proposals, plans, or other materials, online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, and otherwise use the Comments you send us. We are under no obligation (1) to keep your comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant, represent, or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that any results to be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may discontinue the service indefinitely or cancel the service at any time without notice.
You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.
In no event shall Ocucalm, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages, consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability, resulting from the use of the service or products purchased using the service, or for any other claim relating in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if such possibility has been disclosed. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability is limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Oeilsec Inc. (Ocucalm), its affiliates and partners, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this website. We reserve the right to undertake the exclusive defence of any claim for which we are entitled to compensation. In such case, you shall cooperate with us in a reasonable manner.
DIVISIBILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such a determination will not affect the validity and enforceability of the remaining provisions.
TERMINATION
Without limiting any of the above, Ocucalm.ca may immediately terminate your access to this website if you engage in any conduct that Ocucalm.ca, in its sole discretion, deems unacceptable or if you breach any of these Terms of Use.
FULL AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or with respect to the service constitute the full agreement between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Use).
Any ambiguity in the interpretation of these terms of use shall not be construed against the writer.
GOVERNING LAW
Oeilsec Inc. creates and controls this site in the province of Quebec (Canada). Accordingly, the laws of the Province of Quebec and the applicable federal laws of Canada shall govern these terms, without giving effect to any principles of conflicts of law. Ocucalm.ca reserves the right to modify at any time its website as well as the present disclaimers, terms, and conditions.