Terms of service

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

All users of this site agree that access to and use of this site is subject to the following terms and conditions and all other applicable laws. If you do not agree to these terms and conditions, please do not use this site. The entire content of this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the Canadian and other copyright laws and is the property of nova-pharma.ca. The Collective Work includes works that are not copyrighted. The Collective Work includes works licensed to nova-pharma.ca Copyright 2019

Nova-pharma.ca ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nova-pharma.com or purchasing Nova-pharma.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different sections of the site solely for your own non-commercial use or to place an order with Nova-pharma.com or to purchase Nova-pharma.com products. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Nova-pharma.com.

You further agree not to modify or delete any proprietary notices from materials downloaded from the Site. All trademarks, service marks and trade names of Nova-pharma.com used in the Site are trademarks or registered trademarks of Nova-pharma.com. This site and the materials and products contained herein are provided "as is" without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Nova-pharma.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nova-pharma.com does not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Nova-pharma.com does not warrant or make any representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

Nova-pharma.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nova-pharma.com has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event that a Nova-pharma.com product is mistakenly listed at an incorrect price, Nova-pharma.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nova-pharma.com shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Nova-pharma.com shall issue a credit to your credit card account in the amount of the incorrect price. These Terms and Conditions apply to you when you access the Site and/or complete the registration or purchase process. These terms and conditions, or any part of them, may be terminated by Nova-pharma.com at any time, for any reason, without notice.

The copyright, trademark, disclaimer, limitation of liability, indemnity and other provisions shall survive any termination. Nova-pharma.com may deliver notice to you by email, a general notice on the site, or by other reliable means to the address you have provided to Nova-pharma.com. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including, but not limited to, the purchase of products from Nova-pharma.com) shall be in Nova-pharma.com's sole discretion. Any cause of action or claim you may have with respect to the site (including, but not limited to, the purchase of Nova-pharma.com products) must be commenced within one (1) year after the claim or cause of action arises. Nova-pharma.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Nothing in the conduct of the parties or in the course of trade shall operate to modify these terms and conditions. Nova-pharma.com may assign its rights and obligations under this Agreement to any party at any time without notice. Harassment in any manner or form on the Site, including e-mail, chat, or the use of obscene or abusive language, is strictly prohibited. Impersonation of others, including an Nova-pharma.com or other licensed employee, host, or representative, as well as other members or visitors to the site, is prohibited.

You may not upload, distribute or otherwise publish through the Site any defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable material that would constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content to the Site or use the Site to solicit others to join or become members of any other commercial online service or organization. Nova-pharma.com does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any way responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Nova-pharma.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activity on the Site. However, Nova-pharma.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right, or (d) offensive or otherwise unacceptable to Nova-pharma.com in its sole discretion. You agree to indemnify, defend and hold harmless Nova-pharma.com, its officers, directors, employees, agents and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site through your Internet account.

In an effort to provide increased value to our visitors, Nova-pharma.com may link to sites operated by third parties. However, even if the third party is affiliated with Nova-pharma.com, Nova-pharma.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nova-pharma.com. These sites are provided solely for your convenience, and you access them at your own risk. Nevertheless, Nova-pharma.com seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

We reserve the right to refuse, correct, cancel or terminate any order at any time for any reason. If the price or promotion of a product you have ordered is incorrectly displayed on our website, we will give you the opportunity to place an order at the correct price.

Delivery Claims: Delivery claims with carriers must be made in writing within sixty (60) calendar days from the date of shipment.

Terms and Conditions of Use

Please read these Terms of Use carefully as they govern your use of nova-pharma.com.

The following Terms of Use constitute an agreement between nova-pharma.com and you. By using the sites, you agree to comply with and be bound by this agreement. We reserve the right to change this agreement at any time, in our sole discretion, without individual notice. Any changes to this Agreement will be posted on the Websites. For this reason, we encourage you to review the Agreement each time you use one of the Websites. If you do not agree to these terms, please do not use the Site(s).

Site Transactions

We reserve the right to refuse any order placed by you. We may, in our sole discretion, limit or cancel purchases per person, per household, or per order. Such limitations may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of an order change or cancellation, we will attempt to notify you by contacting you via email and/or the billing address or telephone number provided at the time of your order. We reserve the right to restrict or refuse orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

Right to Change the Site

We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice; to charge any fees in connection with the use of the Sites; to change and/or waive any fees charged in connection with the Sites; and/or to offer opportunities to any or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service, content, feature or product offered through the Site.

Site Content

Unless otherwise indicated, the sites and all materials on the sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials are owned, controlled or licensed by nova-pharma.com and/or its affiliates.

The Websites and the Content are for personal, non-commercial use only. You may download or copy the Content displayed on the Websites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or in any way exploit any Content or the Sites.
User Comments, Feedback and Other Submissions.

Nova-pharma.com appreciates hearing from users and welcomes your feedback on our products and services. Nova-pharma.com's long-standing company policy does not allow us to accept or consider creative ideas, suggestions, proposals, plans or other materials other than those we have specifically requested. We hope you understand that the purpose of this policy is to avoid the possibility of future misunderstandings where projects developed by employees and agents of nova-pharma.com and/or its affiliates may appear similar to creative work submitted by users. Therefore, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials to our company. If you submit certain specific submissions (such as contest entries, customer feedback, or photographs) at our request or without our request, you agree that nova-pharma.com and its affiliates may edit, copy, publish, distribute, translate and otherwise use any creative ideas, suggestions, customer feedback, photographs, proposals, plans or other materials submitted to nova-pharma.com online, by email, postal mail or otherwise, at any time and without limitation. nova-pharma.com and its affiliates may edit, copy, publish, distribute, translate and otherwise use any feedback submitted to nova-pharma. nova-pharma.com and its affiliates are not and will not be under any obligation to (1) maintain the confidentiality of any feedback; (2) pay any compensation for any feedback; or (3) respond to any feedback. nova-pharma.com has the right, but not the obligation, to monitor and edit or remove any feedback.

You agree that your Comments will not violate the rights of any third party, including copyrights, trademarks, privacy or other personal or proprietary rights. You further agree that your Comments will not contain any libelous or otherwise unlawful, abusive, or obscene material, or contain a computer virus or other malicious software that may in any way interfere with the operation of the Sites. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead nova-pharma.com, its affiliates, or any other third party as to the origin of any Comments. You are solely responsible for the Comments you post and their accuracy. nova-pharma.com and its affiliates assume no responsibility or liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Websites

Your submission of personal information through the Sites is governed by our Privacy Policy, which is located in the "Privacy Sites" footer. This Agreement incorporates by reference the terms of the Privacy Policy.
Product Information

Many of the products displayed on the Websites are available for purchase at nova-pharma.com. Unless otherwise indicated, prices displayed on the Websites are in Canadian dollars.

Some products are only available online through the Sites. These products may be in limited quantities and may only be returned or exchanged through the Websites in accordance with the applicable return policy.

Tax Policy

Tax charges are based on the federal, state, and harmonized sales tax rates applicable to the shipping address associated with your order. Where applicable, sales tax also applies to shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales tax paid on that item. You will not receive a refund for any sales tax paid on shipping and handling for that item, as shipping and handling charges are non-refundable once the item has been shipped. If you have any questions regarding the sales tax on your invoice, please contact us at info@nova-pharma.com.

Tax-exempt purchases

If you are making a purchase for a tax-exempt organization, or if you are an individual who qualifies for tax-exempt status, please contact our Customer Service team. To ensure compliance with federal and state tax laws, all required forms and information must be received and verified by our customer service team before a tax refund can be processed.
Errors, inaccuracies and omissions

Occasionally, information on our sites may contain typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers and availability. 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 Sites is inaccurate at any time without notice (including after you have submitted your order).

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions made available through the Websites may be governed by specific rules separate from this Agreement. By participating in any such promotion, you are subject to such rules, which may differ from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Links to Other Sites and Services

The Sites may contain links to other Web sites that are not under the control of nova-pharma.com or its affiliates. Neither nova-pharma.com nor any of its affiliates is responsible for the linked sites, and links do not constitute an endorsement of the linked sites. Links are provided solely for the convenience and information of site users.

Passwords

You are solely responsible for maintaining the confidentiality of your password and account information. You must notify us immediately of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or the password of another. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware.

Disclaimer of Liability

THE CONTENT OF THE SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER NOVA-PHARMA.COM NOR ANY OF ITS AFFILIATES WARRANTS THAT THE SITES OR ANY FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Neither nova-pharma.com nor any of its affiliates makes any representation or warranty that the Sites, or any portion thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk and are responsible for compliance with all local laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area or jurisdiction at any time in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOVA-PHARMA. COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (F) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnification

You agree to defend, indemnify and hold harmless nova-pharma.com and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising out of or related to your use of the Sites and/or your breach of any representation, warranty, condition or other provision of this Agreement.

Dispute Resolution

Recognizing the high cost of litigation, not only in dollars, but also in time and energy, you and nova-pharma.com agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or relating to any transaction conducted on the Websites, or in the event of any breach, application, the party claiming the dispute will first attempt to resolve the dispute in good faith by providing written notice (by certified or first class mail) to the other party describing the facts and circumstances of the dispute (including any relevant documentation) and allowing the receiving party 30 days to respond or resolve the dispute.

The notice must be sent to

(1) nova-pharma.com or

(2) your last used billing address or the billing and/or shipping address listed in your online profile.

To the fullest extent permitted by law, you and nova-pharma.com agree that this Dispute Resolution Procedure is a condition precedent that must be satisfied before you commence any action or claim against the other party.

Choice of Law and Venue

To the fullest extent permitted by law, this Agreement shall be construed in accordance with the laws of Quebec and Canada, as applicable, without regard to its conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved exclusively by the Superior Court of Justice or the Federal Court of Canada.

General Provisions

The waiver of any provision of the Agreement shall not be deemed a waiver of any other provision or of nova-pharma.com's right to require strict performance of any provision of the Agreement. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be deemed severable and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us with respect to your use of the Websites.

nova-pharma.com may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Nova Pharma Canada's successors, assigns and licensees.

Termination

These Terms are effective until terminated by either you or nova-pharma.com. nova-pharma.com may also terminate this Agreement at any time without notice to you and, accordingly, may deny you access to the Sites if, in our sole judgment, you fail to comply with any term or provision of this Agreement. The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

Accessibility Policy

We are committed to making our website accessible to customers who use screen readers and other assistive technologies. If you have any questions about our site or products, please contact us at info@nova-pharma.com.

Links to other Web sites and services

The Sites may contain links to other Web sites that are not under the control of nova-pharma.com or its affiliates. Neither nova-pharma.com nor any of its affiliates is responsible for the linked Web sites and links do not constitute an endorsement of the linked Web sites. Links are provided solely for the convenience and information of site users.

Passwords

You are solely responsible for maintaining the confidentiality of your password and account information. You must notify us immediately of any known or suspected unauthorized use of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or the password of another person. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware.

Disclaimer of Liability

THE CONTENT OF THE SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER NOVA-PHARMA.COM NOR ANY OF ITS AFFILIATES WARRANTS THAT THE SITES OR ANY FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOVA-PHARMA.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY OBLIGATION TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY CHANGE THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITES. NOVA-PHARMA.COM AND/OR ITS AFFILIATES ARE NOT RESPONSIBLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.

Neither nova-pharma.com nor any of its affiliates makes any representation or warranty that the Sites, or any portion thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk and are responsible for compliance with all local laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area or jurisdiction at any time in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOVA-PHARMA. COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (F) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Dispute Resolution

Recognizing the high cost of litigation, not only in dollars, but also in time and energy, you and nova-pharma.com agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or relating to any transaction conducted on the Websites, or the breach, application, interpretation or validity of this Agreement or any part thereof, the party claiming the dispute will first attempt to resolve the dispute in good faith by providing written notice (by certified or first class mail) to the other party describing the facts and circumstances of the dispute (including any relevant documentation) and allowing the receiving party 30 days to respond or resolve the dispute.