Terms And Conditions
Wykanta Legal Information
The claims made here relate
solely to t services provided by Wykanta Canada.
Please read the following Terms and Conditions relating to your use
of our Web site carefully. By using our Web site, you agree to
these Terms & Conditions of Use ("Terms & Conditions").
We reserve the right, in our sole discretion, to change, modify, add or
remove portions of these Terms & Conditions at any time. You
should check these Terms & Conditions periodically for changes.
By using this Web site after we post any changes to these Terms
& Conditions or otherwise notify you of such changes, you agree to
accept those changes. If you do not agree to these Terms &
Conditions, you should not use our Web site and, if applicable, you
should arrange to cancel your registered user account or subscription
Your use of this web site constitutes your agreement
with Wykanta to be bound by, and to act in accordance with, these terms
1. Terms And Conditions - In General
By becoming a registered user of this Web site or
otherwise using this Web site, you agree to be legally bound and to
abide by these Terms & Conditions, just as if you had signed this
agreement. If you do not comply with these Terms & Conditions at any
time, we reserve the right, if applicable, to terminate your password,
user account, and/or access to this Web site (or any part thereof). In
our sole discretion and without prior notice or liability, we may
discontinue, modify or alter any aspect of the Web site, including, but
not limited to, (i) restricting the time the Web site is available, (ii)
restricting the amount of use permitted, and (iii) restricting or
terminating any user's right to use the Web site. You agree that any
termination or cancellation of your access to, or use of, the Web site
may be effected without prior notice. If you do not abide by the
provisions of these Terms & Conditions, except as we may otherwise
provide from time to time, you agree that we may immediately deactivate
or delete your user account and all related information and files in
your user account and/or bar any further access to such information
and/or files, or our Web site. Further, you agree that we shall not be
liable to you or any third-party for any termination or cancellation of
your access to, or use of, our Web sites.
2. Restrictions On Use
This site is owned and operated by Wykanta and
contains material which is derived in whole or in part from material
supplied by Wykanta and its affiliates or subsidiaries (collectively,
"we", "us", or "our"). All material is protected by copyright and
international copyright and trade-mark laws. Unless expressly authorized
by Wykanta, you may not modify, copy, reproduce, republish, upload,
post, transmit or distribute in any way any material from this site
including code and software. You may download material from this site
for your personal, non-commercial home use only, provided you keep
intact all trade-mark, copyright and other proprietary notices. The use
of any such material on any other web site or computer network without
Wykanta's written consent is strictly prohibited. Your use of the
trademarks, service marks and trade names on this web site in any manner
other than as authorized in these terms and conditions, or as
authorized in writing by Wykanta, is strictly prohibited.
5. Becoming a Registered User
There is no cost to become a registered user of our Web site.
You do not have to become a registered user to use this Web site.
However, if you do not register, you may be precluded from using
certain products, offerings, features or resources of our Web site.
You must register in accordance with instructions that you will
find on this Web site to participate in, and to contribute to, any Forum
or to use the "Public Profile" feature of our Web site. A
"Forum" means any chat room, message board, bulletin board, recipe swap
or similar activity where you and other of our Web site can communicate.
If you elect to become a registered user of our Web site, you agree
to provide us with true, accurate and complete information about
yourself ("Registered User Date"), and to maintain the promptly update
the Registered User Data to keep it accurate. Without limiting
any other provision of these Terms & Conditions, if you provide any
information that is untrue, inaccurate, or incomplete, or we have
reasonable grounds to suspect that such is the case, we reserve the
right to suspend or terminate your user account and refuse any and all
current or future use of our Web site (or any portion thereof).
You agree not to assign, transfer or sublicense your rights as a
registered user of this Web site.
If you elect to become a registered user of our Web site, you are
solely responsible for maintaining the confidentiality of your password
and user account information. You must notify us immediately in
the event of any known or suspected unauthorized use of your user
account, or any known or suspected breach of security including loss,
theft or unauthorized disclosure of your or anyone else's password.
You are solely responsible for any and all activities which occur
under your user account. You agree to immediately notify us of
any unauthorized use of your user account or any other breach of
security known to you.
Wykanta may provide links and pointers to internet sites maintained
by third parties or this site may be located on a third party web site.
Neither Wykanta, its parent or subsidiary companies nor their
respective affiliates operate or control in any respect any information,
products or services on these third-party sites. The inclusion of a
link or the location of this site does not imply any direct or indirect
endorsement by Wykanta of that site. The materials in this site and any
third-party sites are provided "as is" and without warranties of any
kind either expresses or implied. To the fullest extent permissible
pursuant to applicable law, Wykanta disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Wykanta does not
warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or that
this site, including bulletin boards, or the server that makes it
available, are free of viruses or other harmful components. Wykanta does
not warrant or make any representations regarding the use or the
results of the use of the materials in this site or in third-party sites
in terms of their correctness, accuracy, timeliness, reliability or
otherwise. You (and not Wykanta) assume the entire responsibility and
cost of all necessary maintenance, repair or correction.
This web site is directed only to Canadian consumers for products
and services of Wykanta. This web site is not directed to U.S. consumers
or any other consumers outside Canada.
We are committed to protecting your privacy and security.
available on this Web site.
This Web Site provides information on pain relief.
For more information, you should review our program, which are incorporated into these Terms & Conditions by this reference
This Web Site may include, bulletin boards and/or chat rooms
(collectively the "Communications") allowing you to send messages to
third parties or to interact with other users in real time. Wykanta does
not control the messages, information or files delivered through the
Communications. It is a condition of your use of these Communications
and this web site generally that you agree not to:
- Restrict or inhibit any other user from using and enjoying the Communications.
- Post, send or transmit any unlawful, threatening, abusive,
libellous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind including, without limitation, any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
local, provincial, and national or international law.
- Post, send or transmit any information, software or other
material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights
or which is protected by copyright, trade-mark or other proprietary
rights or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
- Post, send or transmit any information, software or other material which contains a virus or other harmful component.
- Post, send, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains
- Impersonate any person or entity, including, but not limited
to, a director, officer, employee, shareholder, agent or representative
of Wykanta, our affiliates or any other person or entity, or falsely
state or otherwise misrepresent you affiliation with Wykanta, our
affiliates or any other person or entity.
- Harm minors in any way.
- Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Postings or other materials transmitted to or
through this Web site.
- Upload, post, email or otherwise transmit any Postings or
other materials that you do not have a right to upload, post, email or
otherwise transmit under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements).
- Upload, post, email or otherwise transmit any Postings or
other materials that infringe upon any patent, trade-mark, trade secret,
copyright, industrial design, right of privacy or publicity or other
intellectual property or proprietary rights of any party.
- Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of commercial
solicitation, except in those areas of this Web site, if any, that are
specifically designated for such purpose.
- Upload, post, email or otherwise transmit any Postings or
other materials that contain software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
- Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of a Forum (or other portion of this
Web site) are able to type, or otherwise act in a manner that negatively
affects other users' ability to use any Forum.
- Interfere with or disrupt this Web site or servers or networks
connected to this Web site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Web site.
- Intentionally or unintentionally violate any applicable local,
provincial, state, national or international law, including, but not
limited to, any regulations having the force of law.
- "Stalk" or otherwise harass another user of this Website or employee of Wykanta.ca or our affiliates; or
- Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website (including the Forums) and
contribute to discussions on the Forums depends on your compliance with
the community standards and conduct guidelines set forth above. We may
revoke your privileges to use all or a portion of this Website and/or
take any other appropriate measures to enforce these community standards
and conduct guidelines if violations are brought to our attention.
Further, if you fail to adhere to our community standards and conduct
guidelines, we may terminate, in our sole discretion, your use of, or
participation in, any Forum.
You understand and acknowledge that Wykanta may from time to time
monitor or review discussions, chats, posting and other transmissions on
this web site. However, Wykanta has no obligation to monitor the
content of the Communications and assumes no responsibility for libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger,
illegality or inaccuracy contained in any information transmitted to or
from any such locations on this web site. Wykanta reserves the right at
all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to send or to
remove any information or materials, in whole or in part, that in
Wykanta's sole discretion are objectionable or in violation of these
terms and conditions. Notwithstanding anything else contained herein,
your sole and exclusive remedy for Wykanta's action is to discontinue
using Wykanta's site.
If, at our request or on your own, you send, email, post or
otherwise transmit to us or this Web site information, software, photos,
video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, recipes, notes, drawings, articles,
stories about yourself or you weight loss, or other materials
(including, but not limited to, posting, emailing, or otherwise
transmitting Postings on any Forum) (Collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, our property.
be subject to any obligation of confidence on our part, and we shall not
be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, you grant us and our successors and assigns
a royalty-free, perpetual, irrevocable, non-exclusive right and license
(as well as consent) to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the
public, perform and display any Submissions (in whole or in part and
with or without the use of your name) worldwide and/or to incorporate
the Submissions in other works in any form, media, or technology now
known or later developed, for the full term of any copyrights,
trade-marks and other intellectual and proprietary rights (collectively
the "Rights") that may exist in such Submissions. You further
waive all your moral rights in favor of us with respect to any
submissions. You also warrant that any third party holder of any
Rights in such Submissions has validly and irrevocably granted to you
the right to grant the license stated above and has waived such third
party's moral rights in such Submissions. You further acknowledge
that we and our successors and assigns shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions or any third party holder of any rights.
9. Parental Or Guardian Permission
Some of the Content of this Web site may not be appropriate for
children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE
THIS WEB SITE. We strongly recommend that children between the
ages of 13 and 18 ask for their parent's or guardian's permission before
viewing our web site.
These Terms & Conditions apply only to this Web site, and not
to the web sites of any other person or entity. We may provide, or third
parties may provide, links to other worldwide web sites or resources.
You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse
(and are not responsible or liable for) any content, advertising,
products, or other materials on or available from such web sites or
resources. You further acknowledge and agree that, under no
circumstances, will we be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have
been caused to you in connection with your use of, or reliance on, any
content, advertisements, products or other resources available on any
other web site (regardless of whether we directly or indirectly link to
such content, advertisements, products or other resources). You should
direct any concerns with respect to any other web site to that web
site's administrator or web master.
11. Third Party Products And Services
You may order services, merchandise or other products through our
Web site from other parties (collectively, the "Third Party Sellers").
All matters concerning the services, merchandise and other products
desired from the Third Party Sellers, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Third Party Sellers. We make no
representations or warranties whatsoever with regard to any services,
merchandise and other products provided by the Third Party Sellers. You
will not consider us (and we will not be construed as) a party to such
transactions, whether or not we may have received some form of revenue
or other remuneration in connection with such transactions, and we will
not be liable for any costs or damages arising out of, either directly
or indirectly, you or any other person involved or related to
transactions with Third Party Sellers.
You agree to indemnify, hold harmless and, at our option, defend
Wykanta and our affiliates, and our and their officers, directors,
employees, shareholders, agents and representatives from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, reasonable legal fees and expenses) arising from your
improper use of this Web site or our products or offerings, your
violation of these Terms & Conditions, or your infringement, or the
infringement or use by any other user of your account, of any
intellectual property or other right of any person or entity.
13. Continuing Agreement
updating this posting. Please visit this area each time you visit the
web site to keep up to date with the current terms regarding your use of
the web site. Your use of the web site reaffirms your continuing
This agreement is effective until terminated by Wykanta at any time
without notice. In the event of termination the restrictions imposed on
you with respect to material downloaded from the bulletin boards, the
disclaimers and limitations of liability set forth in this agreement,
shall survive indefinitely.
15. Governing Law
This agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada
applicable therein, without giving effect to any principles of conflicts
of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
16. Choice of Language
The parties hereto confirm that it is their wish that this
Agreement, as well as other documents relating hereto including notices,
have been and shall be drawn up in the English language only.
Les parties aux présentes confirment leur volonté que cette convention
de même que tous les documents, y compris tout avis qui s'y rattache,
soient rédigés en langue anglaise.
17. Miscellaneous Terms
We may assign our rights and obligations under these Terms &
Conditions. These Terms & Conditions will inure to the
benefit of our successors, assigns and licensees. The failure of
either party to insist upon or enforce the strict performance of the
other party with respect to any provision of these Terms &
Conditions, or to exercise any right under the Terms & Conditions,
will not be construed as a waiver or relinquishment to any extent of
such party's right to assert or rely upon any such provision or right in
that or any other instance, rather, the same will be and will remain in
full force and effect.
If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms &
Conditions, together with the Subscription Agreement (if applicable),
between you and us relating to the subject matter herein. If you are a
subscriber to one of our online subscription offerings or products, in
the event of any conflict between these Terms & Conditions and the
Subscription Agreement, the Subscription Agreement shall control. These
Terms & Conditions may be modified only by our posting of changes to
these Terms & Conditions on this Web site or by other notification
from us, or by written agreement of both parties. Each time you access
this Web site, you will be deemed to have accepted any such changes.
18. Limitation of Liability
You expressly understand and agree that we and our
affiliates shall not be liable for any direct, indirect, incidental,
special, consequential, exemplary or punitive damages, or any other damages
whatsoever, including but not limited to, 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 the inability to use this website; (b)
the use of any content or other material on this website or any website
or websites linked to this website, (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 this website; (d) unauthorised
access to or alteration of your transmissions or data; (e) statements
or conduct of any third party on our website; or (f) any other matter
relating to our website. 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, for accessing our website. If you are
dissatisfied with any portion of our website, or with any of these terms
& conditions, your sole and exclusive remedy is the discontinuation
of your use of this website.
19. Contact Information
Our business address is Wykanta Canada Ltd., 3851 St Urbain St Montreal QC H2W 1T6 We can also be
reached by email at: