Terms And Conditions
Web Site

Wykanta Legal Information

The  claims made here relate solely to t services provided by Wykanta Canada. Ltd. ("Wykanta")

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 with us.

Your use of this web site constitutes your agreement with Wykanta to be bound by, and to act in accordance with, these terms of use ("Terms of Use").

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.

6. Disclaimer

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.   For more information, you should review our Privacy Policy, which is 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

7.   Postings

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:

  1. Restrict or inhibit any other user from using and enjoying the Communications.
  2. 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.
  3. 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.
  4. Post, send or transmit any information, software or other material which contains a virus or other harmful component.
  5. Post, send, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
  6. 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.
  7. Harm minors in any way.
  8. 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.
  9. 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).
  10. 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.
  11. 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.
  12. 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 equipment.
  13. 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.
  14. 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.
  15. 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.
  16. "Stalk" or otherwise harass another user of this Website or employee of Wykanta.ca or our affiliates; or
  17. 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.

8.   Submissions

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.   Except as provided in our Privacy Policy, none of the submissions shall 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.

10. Links

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.

12. Indemnification

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

We may change or revise these Terms of Use from time to time by 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 agreement to the then-current Terms of Use.

14. Termination

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), the Privacy Policy and any Additional Terms, are the entire agreement 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: info@wykanta.com.


Copyright © 2008. Wykanta. All rights reserved.