Last update : October 8th 2024
The capilia.com and store.capilia.ca website (collectively the “Site“), is owned and operated by NOVERA HAIR SOLUTIONS INC. (“Capilia”), having its head office at 100-3900, place de Java, Brossard (Québec) J4Y 0C4. By accessing and using this Site, you unconditionally agree to be bound by these Terms of use of use (the “Terms of use“) and all applicable laws. If you do not accept and agree with these Terms of use, do not visit the Site.
Capilia reserves the right, at its sole discretion to change, add or remove portions of these Terms of use, at any time. It is your responsibility to periodically check these Terms of use, available on the Site, for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes.
Capilia may, at its sole discretion, modify at any time the Site or any part thereof, to suspend the Site, to modify or withdraw services or products offered thereon, without notice or delay. Capilia will not be responsible in any way, to any party for any loss or damages that may result, directly or indirectly from any (i) modification or suspension of the Site; or (ii) modification or withdrawal of services or products offered thereon.
Site usage requires the use of a compatible device and browses and access to the Internet. You agree that you are solely responsible for meeting these requirements and for any fees, charges or expenses associated with the use of your devices, including but not limited to those relegated to Internet access. Capilia does not warrant or guarantee that the Site will function with your devices or be compatible with any particular device.
All the content of this Site, including the trademarks, text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Capilia. Capilia does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site is subject to Capilia’s intellectual property rights under applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including without limitation any reproduction, distribution, transmission or communication to the public without prior written authorization of Capilia is prohibited.
Without limiting the generality of the foregoing, you recognize that the trademarks displayed on this Site are trademarks, registered or unregistered, of Capilia or third parties, are the property of their respective owners and cannot be used without the prior written authorization of their respective owners.
No element of this Site shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of the intellectual property contained therein, except with the express written consent of Capilia or the owner of such intellectual property.
All transactions are handled by third-party e-commerce payment providers (“Third-Party Payment Provider”). By purchasing Capilia’s products using the Site, you are bound by and agree to the Third-Party Payment Providers’ terms of use.
When conducting online purchases with Capilia, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if Capilia has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, Capilia has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Capilia has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Capilia from all liability. Under no circumstances, the inclusion, on this Site, of a hyperlink to a third-party website shall not, under any circumstances, be interpreted or construed as an endorsement, by Capilia, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of third-party websites is subject to the Terms of use of these websites.
You may not use the Site for purposes other than the purposes set out in these Terms of use and are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including without limitation advertising.
The Site is accessible based on its availability and Capilia makes no warranties, either express or implied, that the Site will operate without interruption, virus or error or in a secure and timely manner, that the information contained is accurate and without error, or that defects in the software and applications, if any, will be rectified. You are solely responsible for any damage to your computer or loss of data that may result when downloading material.
Communication over the Internet is subject to interception, loss or alteration and you acknowledge that Capilia shall not be held liable for damage resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.
Usage of the Site is at your sole risk and Capilia makes no warranty, express or implied, that (i) the Site will meet your requirements or result in revenues or profits; (ii) access to Site will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Site will be accurate or reliable.
In no event will Capilia be liable for any indirect, incidental, consequential, special, punitive or exemplary damages or lost profits, even if Capilia has been advised of the possibility of such damages.
Capilia reserves the right to terminate, at any time and without prior notice, your right to access the Site or your account for any reason, including because Capilia reasonably believes that (i) your usage of the Site (a) pose a security risk to Capilia or any third party, including other clients of Capilia; (b) could adversely impact the Site, Capilia’s systems or of any other person’s system; (c) could subject Capilia or any third party to liability; or (d) could be considered fraudulent; (ii) you are in breach of these Terms of use; or (iii) you are in breach of any payment obligations toward Capilia.
You agree that by providing or submitting by any means of transmission material to Capilia, including your suggestions, ideas and comments, you are granting Capilia permission to use such material for the purpose of carrying on its business. No compensation will be paid for the use of said material and Capilia will have no obligation to publish or use it.
In these Terms of use (i) the headings have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof; (ii) where appropriate, the singular number set forth herein shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates; (iii) “or” is used in the inclusive sense of “and/or”; and (iv) the terms “herein”, “hereof”, “hereto”, “herewith”, “hereunder”, “hereby”, and other similar terms, generally refers to these Terms of use as a whole rather than to a specific part thereof, unless otherwise indicated in the text.
In the event that any provision of these Terms of use is deemed to be invalid or unenforceable, in whole or in part, such provision will, whenever possible to do so, be interpreted, construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions of these Terms of use will remain valid and continue to bind the parties.
These Terms of use shall be governed by the laws of the Province of Québec, Canada and you consent to submit all disputes or disagreements arising pursuant to these Terms of use to the exclusive jurisdiction of the courts of the Province of Québec, judicial district of Longueuil.
These Terms of use should be read in conjunction with Capilia’s Personal Information Protection Policy. For information relating to the protection of personal information, please refer to our Personal Information Protection Policy.
For questions, please contact us at:
NOVERA HAIR SOLUTIONS INC.
100-3900, place de Java,
Brossard (Québec) J4Y 0C4
info@capilia.com
