Terms of Use
Effective Date and Last Updated: May, 2023
Your Acceptance of these Terms of Use
Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and Croma Aesthetics Canada, Ltd. (d/b/a Hugel Aesthetics) (referred to as “Hugel”, “we”, “us” or “our”).
By accessing and using the website, you accept and agree to be bound by and comply with these terms of use and acknowledge our privacy statement available at https://huge-aesthetics.ca/privacy-policy (“Privacy Statement”). If you do not agree to these terms of use, then you must not access or use our website.
You agree that these terms of use, and any related information, communications and agreements between you and us, may be communicated, made available and entered into electronically.
These terms of use were last updated on the “Updated” date indicated above. We may, at our sole discretion, modify these terms of use at any time. Such modifications shall become effective immediately upon posting and apply to all access to and continued use of the website. You agree to review these terms of use on a regular basis to keep yourself apprised of any changes.
Eligibility to Use the Website
By accessing and using the website, you hereby represent and warrant that you are of the legal age of majority in your jurisdiction.
Use of Our Website
The website is only intended for access and use in Canada.
You may access our website only for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates this authorization.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The information and material on our website may be changed or withdrawn at any time at our sole discretion without notice.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, and for any delays, delivery failures, or other damage resulting from such problems.
You may access our website only for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates this authorization.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The information and material on our website may be changed or withdrawn at any time at 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, and for any delays, delivery failures, or other damage resulting from such problems.
All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Trademark and Copyright Information
Our website contains content including, all text, audio, images and other materials or elements (collectively the “Content”). You understand and agree that the website and its entire Contents, features, and functionality are owned by the Hugel, its licensors, or other providers of such material and are protected by intellectual property laws including copyright, trademark, patent, trade secret, and any other intellectual property rights. Any reproduction, modification, creation of derivative works from or redistribution of our website or Content, and/or copying or reproducing our website or Content or any portion thereof is prohibited. You agree to abide by any and all copyright notices displayed on our website. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited.
The company name, “Hugel Aesthetics”, the company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Hugel or its affiliates or licensors. You must not use such marks without the prior written permission of us. 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. You may not use any of the foregoing except as expressly authorized.
Your Privacy
Our Privacy Statement summarizes our privacy practices and policies and is accessible at https://huge-aesthetics.ca/privacy-policy.
The safety and security of your information also depend on you. You are responsible for obtaining your own access to the website. You shall ensure that all persons who access the website through your internet connection are aware of these terms of use and comply with them.
The safety and security of your information also depend on you. You are responsible for obtaining your own access to the website. You shall ensure that all persons who access the website through your internet connection are aware of these terms of use and comply with them.
Your Conduct
You agree not to post, submit, or otherwise provide or make available content using our website that:
- (a) is unlawful;
- (b) includes personal or identifying information about another person without that person’s explicit consent;
- (c) impersonates any person or entity, including, but not limited to, a Hugel employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- (d) infringes any patent, trademark, trade secret, copyright or other proprietary right of any person, or content that you do not have a right or permission to make available;
- (e) is harmful, threatening, abusive, harassing, defamatory, pornographic;
- (f) harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- (g) constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
- (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, harm or limit the functionality of any computer software or hardware or telecommunications equipment or any data;
- (i) disrupts the normal use of our website or that otherwise negatively affects other users’ ability to use our website; or
- (j) employs misleading or manipulated identifiers in order to disguise the origin of content.
You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Hugel or any other person as a result of your submission of any information on or through our website.
Disclaimer Regarding Third Party Content and Third Party Website
Our website may offer access to third party websites and content available over the Internet. Hugel exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Hugel. You further agree that Hugel shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.
Non-reliance
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 neither Hugel nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors (“Representatives”) have any responsibility or liability whatsoever for your use of this website.
Disclaimer of Warranties and Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER HUGEL NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER HUGEL NOR ITS REPRESENTATIVES REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The website and any product information provided are intended for informational purposes only. Certain Hugel products, including drugs and medical devices, are only available upon prescription from a physician or qualified healthcare professional. Product information on the website is not intended to provide complete medical information. The website is not provided with the intent to offer medical advice, nor act as a substitute for any advice, diagnosis, treatment or consultation with a qualified healthcare provider or medical professional such as a doctor or pharmacist. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN, OTHER QUALIFIED HEALTHCARE PROVIDER OR 911 IMMEDIATELY, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IN YOUR AREA. Never disregard medical advice or delay in seeking it because of something you have read on the website. Only a physician or other qualified healthcare provider who has had an opportunity to interact with a patient in person, with access to the patient’s records and the opportunity to conduct appropriate evaluations and follow-up can provide recommendations for treatment.
Hugel and its Representatives, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, or for lost revenues or lost profits, which may result from the use of the Content or our website. Hugel makes no commitment to update the information contained herein.
Indemnity
You agree to indemnify and hold Hugel and its Representatives harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website or the content, your violation of these terms of use, your breach of any of the representations and warranties herein, your violation of any laws, rules, regulations and order of any governmental authorities, or your violation of any rights of another person.
Independent Relationship
Nothing in these terms of use shall be construed as forming a partnership or joint venture between Hugel and you. Neither party to these terms of use will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that Hugel is acting independently from you, and that Hugel will not be deemed, under any circumstances, to be your employee or agent for any purpose.
General Matters
These terms of use constitute the entire agreement between you and Hugel regarding your use of our website, superseding any prior agreements between you and Hugel. These terms of use and the relationship between you and Hugel shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Hugel agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.
The failure of Hugel to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.
If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the other provisions of these terms of use remain in full force and effect.
If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the other provisions of these terms of use remain in full force and effect.
You may not assign any of your rights and obligations under this Agreement; Hugel may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.