FIRST AID / CPR TRAINING LEADER
IN QUEBEC

General Condition of Use and Sales | Impact Santé

1 GENERAL CONDITIONS OF USE

Welcome to the IMPACT SANTÉ+ online Boutique (the “Online Boutique”). To better understand how it works, we present our General Conditions of Use (the “GCU”) which govern the access, operation and content of our site (the “Site”) www.impactsante.ca.

To these GCU are added more specifically our IMPACT SANTÉ+ Privacy Protection Charter (the “Charter”) and our general conditions relating to the sale online of our products (the “Products”) which you will find below (the “GCS”).

We ask you to read the GCU and GCS (together the “GCUS”) before placing an order with us (an “Order”). Your placing of an Order with us implies your unconditional acceptance of all the terms of and conditions of the GCUS as well as those relating to our Charter. These GCUS cancel and replace any other previous general conditions that may exist.

1.1 PRESENTATION

Our Online Boutique is open in Canada for the Provinces of Quebec and Ontario, as for now. It allows you to place an Order for our available Products in a few clicks, once you have read and accepted our present GCUS. As things evolve, we may have to modify these CGUS. The new version of the GCUS will thereafter be in force for any Order placed from the day of their publication on our Site. We therefore invite you to consult our GCUS regularly and before any new purchase through our Online Boutique.

The term "You" refers to the person who places an Order through our Online Boutique, such person acting exclusively for the professional needs of the entity which he/she represents or work for, whether a commercial, associative or public entity.

You authorize us to communicate with you by email or any other electronic means.

By deciding to use the Site to place your Order, you acknowledge that you have read and accepted, without reservation, the GCUS of our Online Boutique. The GCUS prevail over your purchase conditions, if any, in the event of contradiction or incompatibility.

1.2 ACCESS TO THE ONLINE BOUTIQUE

To date, the sale of our Products excludes the sale for personal use to consumers within the meaning of the Consumer Protection Act. We are targeting in particular the sale to businesses, health professionals, the various organizations from the public or associative sectors.

The Online Boutique is accessible at all times. However, it may happen that it is temporarily unavailable during updates, backup or technical problems. IMPACT SANTÉ+ is not responsible for any service or update interruption.

1.3 NETHIQUETTE

By using the Online Boutique, you agree not to:

  • Use our Site in a way that could damage it, put it out of service, overload it or compromise its operation;
  • Disrupt security of, or otherwise abuse, our Site, or any service, system resource, server or network connected to the Online Boutique or our Site;
  • Download or otherwise display on, or transmit to our Site a virus or other program or malicious or destructive files;
  • Use any device to control or copy the pages or content of the Online Boutique or of our Site.

In addition, you acknowledge that you are solely responsible for all actions and communications undertaken or transmitted to or from your account, and you agree to comply with all applicable laws regarding the use of the Online Boutique.

1.4 INTELLECTUAL PROPERTY RIGHTS

Trademarks (registered or not), trade names, domain names, copyright on software, web pages, graphic charter, images, videos, texts, icons, graphics, drawings, database, trade secret, or more generally all the elements appearing or present on our Site and subject to intellectual property rights are and remain the exclusive property of IMPACT SANTÉ+ which operates them. No transfer of intellectual property rights is made through the GCUS. Any total or partial reproduction, modification or use of these elements for any reason whatsoever is strictly prohibited. You may not copy or use the material, structure, menu, appearance or characters that appear on this or other pages of the Site without the express prior written consent of IMPACT SANTÉ+.

Any unauthorized downloading, retransmission, copying or modification of intellectual property rights or data contained on the Site may contravene federal laws in force regarding intellectual property and could expose the offender to legal proceedings.

1.5 SOCIAL MEDIA

When you access our Facebook page or any other social media, you must take note of and accept to comply with the Charter as well as the conditions of use of third-party social media providers and hosts.

You also warrant that you will not publish or submit information, publications, links or any other elements of all kinds on social media pages and in particular:

  • Any defamatory, offensive content, counterfeiting, obscene, deceptive, illegal or that in any other way violates the rights of anyone including those related to the protection of the privacy of others;
  • Any content containing advertising;
  • Promotional documents or any form of unwanted solicitation for third parties;
  • Any content whose origin or source is falsified;
  • Any financial or personal information, about you or another person;
  • Any information that IMPACT SANTÉ + deems to be in violation of the GCUS and the Charter.
  • Any information, message, link or element that we consider to belong to one of the above categories will be deleted without incurring any liability, in particular for any loss or any direct or indirect damage arising from any measure or decision taken by you or by another person regarding the use of online social media

​1.6 LIMITATION - EXCLUSION OF GUARANTEE - INDEMNIFICATION

You must not use the Site for purposes contrary to the laws applicable in Québec and Canada and, if applicable, you will be held solely responsible for any penalty.

IMPACT SANTÉ+ cannot be held liable for any direct, indirect, special, incidental and consequential damages, or for any other damage whatsoever, including loss of income, profits or anticipated economic benefits arising from the use or the impossibility of using the Site, the information, documents and software therein, with their content, even if IMPACT SANTÉ+ has been warned of the possibility of such damage or even if such damage can be reasonably foreseen.

IMPACT SANTÉ+ does not guarantee the accuracy, completeness, quality, relevance or content of the information on the Site. This information is provided "as is", without warranty or condition whatsoever, express or implied, including, among other things, the conditions and warranties implied with respect to the commercial value and suitability of the Products for special needs.

2 PRIVACY POLICY CHARTER

IMPACT SANTÉ+ places the utmost importance on protecting and respecting your private life. In this context, IM-PACT SANTÉ+ wishes to ensure the accuracy, security and confidentiality of personal information which you can transmit to us by using our Site, in accordance with the laws in force, and in particular in Québec, the ACT RESPECTING THE PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR.

Our Charter describes how IMPACT SANTÉ+ collects, processes, uses, keeps and communicates information about your privacy that we may collect. In addition, the Charter indicates to you the rights available to you concerning the collection, use and communication of your personal information. We agree not to collect, use or disclose your personal information other than in accordance with this Charter and the laws applicable in Canada and Québec.

2.1 SCOPE OF OUR CHARTER

By browsing the Site, you accept the terms and conditions of our Charter. If you continue to use the Site after a new version of the Charter is displayed thereon, you consent to the changes to our Charter, which will therefore be enforceable against you. The information we collect is necessary to place an Order with us. By providing us with this information, you consent to their collection and use in the manner defined by our Charter.

2.2 COLLECTION OF PERSONAL INFORMATION

When you save personal information on our Online Boutique, you give us access to a certain amount of personal information, in particular by placing an Order, by communicating with us by telephone, by email or otherwise.

We collect the following information when you register as a guest on our Site.

Billing information

  • Name of the customer receiving the Order
  • Customer address
  • Representative
  • First name
  • Last name
  • Title
  • Telephone number
  • Email address

Shipping information

  • Delivery address
  • Person receiving delivery
  • First name
  • Last name
  • Title
  • Telephone number
  • Email address

Payment info

  • Credit Card Number
  • Card holder
  • Card type
  • Expiration date
  • Code

This information is used:

  • In order to be able to place an Order in our Online Boutique and then allow us to deliver it to your attention or to the entity you represent.
  • To process your Orders and answer your questions regarding the status of all requests or Orders;
  • To stay in touch with you and provide you with personalized service at all times;
  • Perform market research and performance research to assess our customer service, measure our performance, enhance the experience we provide to our customers and improve our Products.

The purpose of our collection of this information is the following:

  • The administration of our customer accounts,
  • Customer relationship management.

This personal information will not be kept beyond the purpose for which it was collected.

There may also be interactions of our forms with other third-party management tools, for the following purposes:

  • Analysis and statistics: Google Analytics®
  • Electronic payment: StripeMD, VISAMD, MASTERCARD®

In no event will IMPACT SANTÉ+ be responsible for any damage that may arise from these third-party services. To find out the conditions of use of these services, we invite you to consult their respective websites and in particular the hosting conditions of our partner.

You can contact the Office of the Privacy Commissioner of Canada or the Québec Privacy Commission, for more information on your rights:

  • Office of the Privacy Commissioner of Canada www.privcom.gc.ca
  • Quebec Access to Information Commission www.cai.gouv.qc.ca

2.3 ADVERTISING INFORMATION

We will contact you only if it is your wish. If you prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your experience as a customer, please let us know by contacting us as indicated in the section "Right of opposition and withdrawal".

Remember to include your full name and the email address you used when you registered or placed an Order on our Site. There may be a processing delay for a request sent by email or mail and you may continue to receive communications from us in the meantime.

2.4 INFORMATION CONCERNING THE USE OF COOKIES

A Cookie is a text file that can be saved in a web browser when visiting a website with browser software. A Cookie allows its issuer, during its period of validity, to recognize the terminal concerned each time this web browser accesses a digital content comprising Cookies from the same issuer. The Cookies that have been set up in the context of the use of our Online Boutique allow, among other things, to facilitate your navigation on our Site:

  • By adapting the presentation of our Site to the display preferences of your web browser (display resolution, operating system used, etc.), depending on the hardware and software for viewing or reading that your browser includes;
  • By implementing security measures.

Information used concerns IP addresses, domain names, browsing history.

They also make it possible to improve the quality of our services by establishing anonymous statistics and by indicating the volume of attendance and use of the various elements of our Site in order to allow us to improve the ergonomics of our Online Boutique.

The core of the information transmitted automatically does not allow your identity to be known. They are only collected because of technological requirements inherent in browsing the Internet. Most browsers automatically accept Cookies, but it is generally possible to modify this automatism.

If you do not wish to receive Cookies, you can configure your web browser to limit or block them. All modern browsers allow you to modify the settings relating to Cookies, generally via their "Options" or "Preferences" menu.

If you deactivate Cookies, you will no longer be able to use all the interactive functions of our Site.

Using such information allows us to improve the service, personalize your experience and track it better. This information is also used for analytical and statistical purposes. These Cookies are multiple, some lapse when you close your browser and have no effect while others can be kept.

In some situations, your data, which is hosted by a third party, may pass through servers outside of Canada. You recognize and release from any responsibility IMPACT SANTÉ+ from the consequences of such a transfer.

2.5 SHARING OF PERSONAL INFORMATION

The personal information you provide may be collected and transmitted to partners and third parties for commercial purposes.

If you do not wish this personal information to be communicated to third parties or partners, you may object to such communication at any time, as mentioned in the following section.

2.6 RIGHT OF OBJECTION AND WITHDRAWAL

We are committed to offering you a right of objection and withdrawal regarding your personal information. The right of objection is understood as being the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned during the collection. The right of withdrawal is understood to be the possibility offered to Internet users to request that their personal information no longer appear, for example, in a distribution list.

By contacting us, you also have the right to request access to the personal information we have collected about you and to correct it, if need be. You can reach us to exercise the rights provided for in this Charter or for any other question by contacting us by email or telephone:

Email : bo[email protected]ca

Telephone : 1.514.249.4846

Monday to Friday 9 a.m. to 4:30 p.m.

2.7 ANTI-SPAM LAW

IMPACT SANTÉ + complies with the requirements of the Canadian Anti-Spam Law (S.C. 2010, c,23) (CASL). To unsubscribe from our electronic communications mailing list, simply contact us at [email protected]

2.8 SECURITY

The personal information we collect is kept in a secure environment. We have adopted appropriate measures to preserve the confidentiality of personal information and to protect same against loss, misappropriation or theft, as well as unauthorized access, communication, reproduction, use or modification, taking into account, in particular, their sensitivity and the purposes for which they are used. In addition, we require that each employee, agent or representative of IMPACT SANTÉ+ respect our Charter.

To ensure the security of your personal information, we may use the following measures :

  • SSL (Secure Sockets Layer) protocol
  • Regular updating of security measures
  • Computer backup
  • Encryption of sensitive data

We are therefore committed to maintaining a high degree of confidentiality by ensuring the confidentiality of your transactions in order to ensure the protection of your personal information and prevent it from being consulted, used or disclosed without authorization. However, since no mechanism offers maximum security, there is always a risk involved when using the Internet to transmit personal information.

3 GENERAL CONDITIONS OF ONLINE SALE

3.1 PRODUCTS

The Products offered in our Online Store are subject to photographs for information purposes only. Subject to the terms and conditions hereinafter mentioned, the technical data of the Products displayed on the day of your Order binds you when you place an Order. Note that we can modify this technical data at any time thereafter and the new technical data will then apply to your future Orders.

3.2 ORDER

3.2.1 Conclusion of the sales contract

The sale is concluded when the Order and the required payment are validated by our system. Upon receipt of the Order, and after confirmation of payment, the Order is deemed accepted by us. An invoice will be issued automatically or sent by email indicating the sale price, the transportation costs, if applicable, and applicable taxes. In the same way, we will inform you in case of our refusal to accept an Order.

3.2.2 Processing Orders

The Products presented on the Site are normally available and the Site is updated regularly.

To go ahead with an Order, you must proceed in stages:

  • Select in your "Basket" the Products available and the quantity chosen. Quantity restrictions may be set depending on the circumstances.
  • Identify yourself by filling in the information requested in the "guest" section.
  • Proceed to check your Basket
  • Accept the GCUS and our Charter
  • Proceed to payment

3.3 PRICES — PAYMENT — TAXES

3.3.1 Prices

All prices are in Canadian dollars, unless otherwise stated.

The prices of the Products chosen may vary from day to day. Payment made online in accordance with the conditions set forth secures the price for the current Order only.

Once the Order has been verified by you, you can proceed to the payment of the Products by adding shipping costs, if applicable, and applicable taxes. Although we take great care in the price indications of our Products, a manifest error is always possible. We reserve the right to modify the prices on our Online Boutique.

3.3.2 Payment

Payment must be made by a VISA credit cards or PayPal.

You declare that you are the holder legally authorized to use these credit cards.

Full payment will be required for Product Orders whose price is less than or equal to $ 5,000 excluding tax and delivery costs.

For Orders over $ 5,000, 50% of the price will be required when the Order is placed and the balance must be paid no later than the date of delivery.

The total price indicated on the invoice is the final price unless the indications for delivery have not been supplied correctly and the delivery has not been made. You will then have to contact us in order to make new arrangements for delivery and payment of additional costs, if applicable.

Payment of the balance of the sale price must be made at the latest upon effective delivery of the Products, according to the methods indicated above. Ownership of the Products will not be transferred to you until full payment has been confirmed.

The costs of packaging, postage and routing are always your responsibility. Upon delivery, the Products always travel at the risk of the recipient. Delivery is made by postal services or by private carriers.

3.3.3 Taxes

The prices displayed in our Online Boutique do not include the GST / QST taxes that will be added to the prices of the Products.

3.4 DELIVERY

We expect delivery within fifteen days of the first payment required. On the other hand, considering the economic situation surrounding the pandemic (Covid-19) and that we are dependent on our suppliers of Products, the delivery date or dates could vary as well as the quantities received. This is why, when the Order is ready to be shipped, we will contact you by phone or email so that you pay the balance of the Order, if necessary, and to confirm the time of delivery. The delivery will then be made by the carrier of our choice. You must be present to receive the Products and you will remain responsible for all additional charges (including, but not limited to demurrage charges) resulting from your failure to take possession of the Products in a timely manner.

The delivery of the Products is dependent on their availability. We undertake to make commercially reasonable efforts to avoid any delay in the delivery of the Products within the agreed period. In the event of supply difficulties, we reserve the right to replace the Products ordered with Products of equivalent value, quality and functionality, or to deliver only part of the Products ordered. In such case, we will only invoice the purchase price of the Products actually delivered and reimburse you the difference with the price paid, if applicable.

All the delivery or shipping dates that we indicate to you are only estimates and we cannot be held responsible for any loss, or any damage, cost or expense resulting from the non-delivery of all or any part of the Products according to the date of delivery or dispatch announced. Failure to deliver on the agreed date will not be subject to damages of any kind whatsoever, nor to cancellation of the Order.

The risks of loss and deterioration that the Products may suffer are transferred to you as soon as the Products are delivered by us to the carrier, for shipment to the address indicated on the Order. In all cases, it is your responsibility to safeguard your rights with respect to the carrier during delivery, by making any claim with the latter, according to the legal provisions in force.

As indicated above, ownership of the Products is transferred to you only after full payment.

3.5 INSPECTION, ACCEPTANCE OR REJECTION

You have forty-eight (48) hours after receipt of the Products (the “Inspection Period”) to inspect them and inform us in writing of any non-compliance in the delivery or of defects found in the Products. In the event of noted failures, our only obligation will be, at our choice, to replace the defective Products, to repair them when possible, or refund the purchase price of any Product that is not delivered or does not comply with the Order. If, during the Inspection Period, you do not report in writing the non-conformity of a delivery with the Order or of defects found in the Products, you will be deemed to have accepted them without reservation.

For any question concerning returns or rejections, you can contact us at the following address or telephone and specifying the Order number:

Email : [email protected]

Telephone : 1.514.249.4846

No returned Product will be accepted without our prior authorization. You must indicate the following information on the return slip:

  • Product name, quantity, delivery date and purchase date
  • The reason for the return
  • A copy of the invoice must accompany the return slip.
  • We only accept Products in their original packaging.

3.6 GUARANTEES

We warrant that we have reasonably verified that our Products are free from defects in material or workmanship and conform to the manufacturer's written specifications. All other warranties on Products, representations, provisions regarding quality, condition, description, merchantability, fitness for use or counterfeit are expressly excluded in the most extensive manner permitted by applicable law.

For your part, you are solely responsible for the decision to purchase the Products, for their suitability for the needs of the entity for which this Order is placed and for the way in which these Products are used and kept by you. In no case can we be held responsible for a lack of adequacy, use or conservation, inter alia, of the Products ordered with the purpose sought by you. You will also be solely responsible for the use of the Products in a way or in an environment, or for any other purpose, for which the manufacturer has not designed them, or in violation of the manufacturer's recommendations or written instructions.

3.7 LIMITATIONS OF LIABILITY

Our total liability arising from this Order, whether contractual or otherwise, will, to the extent permitted by applicable law, be limited to damages of an amount equal to the amount that you paid for the Order under these presents. In no case can we be held responsible for damages of any kind whatsoever (including resulting from fault or negligence) resulting from or in relation to the contract including, without limitation, loss of profits, good faith, or work interruption.

3.8 FORCE MAJEURE

We will not be responsible for any failure or delay in the performance of any of the obligations under this Order if such delay or failure is due to a cause beyond our control, including, without limitation, war, insurrection, attack, natural disasters, strike, epidemic, pandemic, power outage, or acts of government in their sovereign capacity, unavailability of overseas transportation, failure of public services and embargoes. We will inform you as soon as possible of the cause of the impediment and its consequences on the obligations which bind us. As long as this cause continues, our responsibility cannot be engaged. If the cause of suspension of our obligations continues beyond two months, we will then be able to cancel the Order by sending you an email to that effect.

3.9 CONFIDENTIALITY

All information exchanged between us regarding our respective business or commercial activities will be treated by the other party as confidential. The party receiving the confidential information will not disclose it to third parties without the prior written consent of the party sending the information. The foregoing does not apply to confidential information that (i) is or enters lawfully in the public domain, (ii) is legally obtained from a third party, (iii) is or has been independently generated by the receiving party, or (iv) is properly disclosed in accordance with a legal obligation, an order of a competent and last resort court, or that of a competent regulatory body. The information concerning you is and will remain your property and we may not use it for purposes other than those strictly necessary for the supply of the Products in accordance with the Order.

3.10 USE OF THE NAME OF ANOTHER PARTY

Neither party may use the name or logo of the other party in a manner other than that identified in this Order without first obtaining the written permission of such other party.

3.11 ASSIGNMENT AND SUBCONTRACTING

In no case may you assign, transfer or alienate in any way whatsoever your rights or obligations under this Order, or subcontract them, transfer or alienate them in any way whatsoever, without our prior written consent.

3.12 GOVERNING LAW - INTERPRETATION - CONCILIATION - JURISDICTION

These GCUS, as well as the Charter, are governed by the provisions of the laws of Québec and the laws of Canada which apply to them, without regard to conflicts of laws. The clauses are interpreted one by the other, giving each of them the meaning that results from all of the GCUS. In the event of a dispute, after having attempted to reconcile, the parties submit to the exclusive jurisdiction of the courts of Quebec, sitting in the judicial district of Bedford as regards any claim or other question arising from or relating to the Order.

3.13 DECLARATION

You declare that you are of full age and that you have not acquired the Products for personal use. You also acknowledge that you have read and understood these GCUSs and the Charter. The entirety of these presents represent no misunderstanding or inconsistency for you, and you declare that you accept all of these GCUS without reservation.

3.14 ELECTION OF DOMICILE

IMPACT SANTÉ+ elects domicile at its head office:

9670, Trans-Canadien Route,
Montreal (Qc), H4S 1V9
Phone : 1 514-249-4846

The opening hours are:
Monday to Friday from 9 a.m. to 4 p.m. except holidays
.

3.15 LEGAL INFORMATION

IMPACT SANTÉ PLUS 2020 INC.

9670, Trans-Canadien Route,
Montreal, Quebec, Canada
4S 1V9

NEQ : 1,175,356,873

First upload: 03 June, 2020.

Version number: 1.1.2

▲ ▲ ▲

GENERAL CONDITIONS OF USE AND ONLINE SALE

OF THE IMPACT SANTÉ + Online Boutique

  • General conditions of use

Welcome to the IMPACT SANTÉ + online Boutique (the “Online Boutique”). To better understand how it works, we present our General Conditions of Use (the “GCU”) which govern the access, operation and content of our site (the “Site”) www.impactsante.ca.

To these GCU are added more specifically our IMPACT SANTÉ + Privacy Protection Charter (the “Charter”) and our general conditions relating to the sale online of our products (the “Products”) which you will find below (the “GCS”).

We ask you to read the GCU and GCS (together the “GCUS”) before placing an order with us (an “Order”). Your placing of an Order with us implies your unconditional acceptance of all the terms of and conditions of the GCUS as well as those relating to our Charter. These GCUS cancel and replace any other previous general conditions that may exist.

  • PRESENTATION

Our Online Boutique is open in Canada for the Provinces of Quebec and Ontario, as for now. It allows you to place an Order for our available Products in a few clicks, once you have read and accepted our present GCUS. As things evolve, we may have to modify these CGUS. The new version of the GCUS will thereafter be in force for any Order placed from the day of their publication on our Site. We therefore invite you to consult our GCUS regularly and before any new purchase through our Online Boutique.

The term "You" refers to the person who places an Order through our Online Boutique, such person acting exclusively for the professional needs of the entity which he/she represents or work for, whether a commercial, associative or public entity.

You authorize us to communicate with you by email or any other electronic means.

By deciding to use the Site to place your Order, you acknowledge that you have read and accepted, without reservation, the GCUS of our Online Boutique. The GCUS prevail over your purchase conditions, if any, in the event of contradiction or incompatibility.

  • ACCESS TO THE ONLINE BOUTIQUE

To date, the sale of our Products excludes the sale for personal use to consumers within the meaning of the Consumer Protection Act. We are targeting in particular the sale to businesses, health professionals, the various organizations from the public or associative sectors.

The Online Boutique is accessible at all times. However, it may happen that it is temporarily unavailable during updates, backup or technical problems. IMPACT SANTÉ + is not responsible for any service or update interruption.

  • NETHIQUETTE

By using the Online Boutique, you agree not to:

- Use our Site in a way that could damage it, put it out of service, overload it or compromise its operation;

- Disrupt security of, or otherwise abuse, our Site, or any service, system resource, server or network connected to the Online Boutique or our Site;

- Download or otherwise display on, or transmit to our Site a virus or other program or malicious or destructive files;

- Use any device to control or copy the pages or content of the Online Boutique or of our Site.

In addition, you acknowledge that you are solely responsible for all actions and communications undertaken or transmitted to or from your account, and you agree to comply with all applicable laws regarding the use of the Online Boutique.

  • INTELLECTUAL PROPERTY RIGHTS

Trademarks (registered or not), trade names, domain names, copyright on software, web pages, graphic charter, images, videos, texts, icons, graphics, drawings, database, trade secret, or more generally all the elements appearing or present on our Site and subject to intellectual property rights are and remain the exclusive property of IMPACT SANTÉ + which operates them. No transfer of intellectual property rights is made through the GCUS. Any total or partial reproduction, modification or use of these elements for any reason whatsoever is strictly prohibited. You may not copy or use the material, structure, menu, appearance or characters that appear on this or other pages of the Site without the express prior written consent of IMPACT SANTÉ +.

Any unauthorized downloading, retransmission, copying or modification of intellectual property rights or data contained on the Site may contravene federal laws in force regarding intellectual property and could expose the offender to legal proceedings.

  • SOCIAL MEDIA

When you access our Facebook page or any other social media, you must take note of and accept to comply with the Charter as well as the conditions of use of third-party social media providers and hosts.

You also warrant that you will not publish or submit information, publications, links or any other elements of all kinds on social media pages and in particular:

- Any defamatory, offensive content, counterfeiting, obscene, deceptive, illegal or that in any other way violates the rights of anyone including those related to the protection of the privacy of others;

- Any content containing advertising;

- Promotional documents or any form of unwanted solicitation for third parties;

- Any content whose origin or source is falsified;

- Any financial or personal information, about you or another person;

- Any information that IMPACT SANTÉ + deems to be in violation of the GCUS and the Charter.

Any information, message, link or element that we consider to belong to one of the above categories will be deleted without incurring any liability, in particular for any loss or any direct or indirect damage arising from any measure or decision taken by you or by another person regarding the use of online social media.

  • LIMITATION - EXCLUSION OF GUARANTEE - INDEMNIFICATION

You must not use the Site for purposes contrary to the laws applicable in Québec and Canada and, if applicable, you will be held solely responsible for any penalty.

IMPACT SANTÉ + cannot be held liable for any direct, indirect, special, incidental and consequential damages, or for any other damage whatsoever, including loss of income, profits or anticipated economic benefits arising from the use or the impossibility of using the Site, the information, documents and software therein, with their content, even if IMPACT SANTÉ + has been warned of the possibility of such damage or even if such damage can be reasonably foreseen.

IMPACT SANTÉ + does not guarantee the accuracy, completeness, quality, relevance or content of the information on the Site. This information is provided "as is", without warranty or condition whatsoever, express or implied, including, among other things, the conditions and warranties implied with respect to the commercial value and suitability of the Products for special needs.

  • PRIVACY POLICY charter

IMPACT SANTÉ + places the utmost importance on protecting and respecting your private life. In this context, IM-PACT SANTÉ + wishes to ensure the accuracy, security and confidentiality of personal information which you can transmit to us by using our Site, in accordance with the laws in force, and in particular in Québec, the ACT RESPECTING THE PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR.

Our Charter describes how IMPACT SANTÉ + collects, processes, uses, keeps and communicates information about your privacy that we may collect. In addition, the Charter indicates to you the rights available to you concerning the collection, use and communication of your personal information. We agree not to collect, use or disclose your personal information other than in accordance with this Charter and the laws applicable in Canada and Québec.

  • SCOPE OF OUR CHARTER

By browsing the Site, you accept the terms and conditions of our Charter. If you continue to use the Site after a new version of the Charter is displayed thereon, you consent to the changes to our Charter, which will therefore be enforceable against you. The information we collect is necessary to place an Order with us. By providing us with this information, you consent to their collection and use in the manner defined by our Charter.

  • COLLECTION OF PERSONAL INFORMATION

When you save personal information on our Online Boutique, you give us access to a certain amount of personal information, in particular by placing an Order, by communicating with us by telephone, by email or otherwise.

We collect the following information when you register as a guest on our Site.

Billing information

- Name of the customer receiving the Order:

- Customer address:

- Representative:

- First name:

- Last name:

- Title:

- Telephone number:

- Email address:

Shipping information

- Delivery address:

- Person receiving delivery:

- First name:

- Last name:

- Title:

- Telephone number:

- Email address:

Payment info

- Credit Card Number:

- Card holder:

- Card type:

- Expiration date:

- Code:

This information is used:

- In order to be able to place an Order in our Online Boutique and then allow us to deliver it to your attention or to the entity you represent.

- To process your Orders and answer your questions regarding the status of all requests or Orders;

- To stay in touch with you and provide you with personalized service at all times;

- Perform market research and performance research to assess our customer service, measure our performance, enhance the experience we provide to our customers and improve our Products.

The purpose of our collection of this information is the following:

- The administration of our customer accounts,

- Customer relationship management.

This personal information will not be kept beyond the purpose for which it was collected.

There may also be interactions of our forms with other third-party management tools, for the following purposes:

- Analysis and statistics: Google Analytics®

- Electronic payment: StripeMD, VISAMD, MASTERCARD®

- Data hosting: WEBFLOW®

In no event will IMPACT SANTÉ + be responsible for any damage that may arise from these third-party services. To find out the conditions of use of these services, we invite you to consult their respective websites and in particular the hosting conditions of our partner.

You can contact the Office of the Privacy Commissioner of Canada or the Québec Privacy Commission, for more information on your rights:

- Office of the Privacy Commissioner of Canada www.privcom.gc.ca

- Quebec Access to Information Commission www.cai.gouv.qc.ca

  • ADVERTISING INFORMATION

We will contact you only if it is your wish. If you prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your experience as a customer, please let us know by contacting us as indicated in the section "Right of opposition and withdrawal".

Remember to include your full name and the email address you used when you registered or placed an Order on our Site. There may be a processing delay for a request sent by email or mail and you may continue to receive communications from us in the meantime.

  • INFORMATION CONCERNING THE USE OF COOKIES

A Cookie is a text file that can be saved in a web browser when visiting a website with browser software. A Cookie allows its issuer, during its period of validity, to recognize the terminal concerned each time this web browser accesses a digital content comprising Cookies from the same issuer. The Cookies that have been set up in the context of the use of our Online Boutique allow, among other things, to facilitate your navigation on our Site:

  • By adapting the presentation of our Site to the display preferences of your web browser (display resolution, operating system used, etc.), depending on the hardware and software for viewing or reading that your browser includes;
  • By implementing security measures.

Information used concerns IP addresses, domain names, browsing history.

They also make it possible to improve the quality of our services by establishing anonymous statistics and by indicating the volume of attendance and use of the various elements of our Site in order to allow us to improve the ergonomics of our Online Boutique.

The core of the information transmitted automatically does not allow your identity to be known. They are only collected because of technological requirements inherent in browsing the Internet. Most browsers automatically accept Cookies, but it is generally possible to modify this automatism.

If you do not wish to receive Cookies, you can configure your web browser to limit or block them. All modern browsers allow you to modify the settings relating to Cookies, generally via their "Options" or "Preferences" menu.

If you deactivate Cookies, you will no longer be able to use all the interactive functions of our Site.

Using such information allows us to improve the service, personalize your experience and track it better. This information is also used for analytical and statistical purposes. These Cookies are multiple, some lapse when you close your browser and have no effect while others can be kept.

In some situations, your data, which is hosted by a third party, may pass through servers outside of Canada. You recognize and release from any responsibility IMPACT SANTÉ + from the consequences of such a transfer.

  • SHARING OF PERSONAL INFORMATION

The personal information you provide may be collected and transmitted to partners and third parties for commercial purposes.

If you do not wish this personal information to be communicated to third parties or partners, you may object to such communication at any time, as mentioned in the following section.

  • RIGHT OF OBJECTION AND WITHDRAWAL

We are committed to offering you a right of objection and withdrawal regarding your personal information. The right of objection is understood as being the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned during the collection. The right of withdrawal is understood to be the possibility offered to Internet users to request that their personal information no longer appear, for example, in a distribution list.

By contacting us, you also have the right to request access to the personal information we have collected about you and to correct it, if need be. You can reach us to exercise the rights provided for in this Charter or for any other question by contacting us by email or telephone:

Email : bo[email protected]

Telephone : 1.514.249.4846

Monday to Friday 9 a.m. to 4:30 p.m.

  • ANTI-SPAM LAW

IMPACT SANTÉ + complies with the requirements of the Canadian Anti-Spam Law (S.C. 2010, c,23) (CASL). To unsubscribe from our electronic communications mailing list, simply contact us at [email protected]

  • SECURITY

The personal information we collect is kept in a secure environment. We have adopted appropriate measures to preserve the confidentiality of personal information and to protect same against loss, misappropriation or theft, as well as unauthorized access, communication, reproduction, use or modification, taking into account, in particular, their sensitivity and the purposes for which they are used. In addition, we require that each employee, agent or representative of IMPACT SANTÉ + respect our Charter.

To ensure the security of your personal information, we may use the following measures :

- SSL (Secure Sockets Layer) protocol

- Regular updating of security measures

- Computer backup

- Encryption of sensitive data

We are therefore committed to maintaining a high degree of confidentiality by ensuring the confidentiality of your transactions in order to ensure the protection of your personal information and prevent it from being consulted, used or disclosed without authorization. However, since no mechanism offers maximum security, there is always a risk involved when using the Internet to transmit personal information.

  • GENERAL CONDITIONS OF ONLINE SALE
  • products

The Products offered in our Online Store are subject to photographs for information purposes only. Subject to the terms and conditions hereinafter mentioned, the technical data of the Products displayed on the day of your Order binds you when you place an Order. Note that we can modify this technical data at any time thereafter and the new technical data will then apply to your future Orders.

  • order
  • Conclusion of the sales contract

The sale is concluded when the Order and the required payment are validated by our system. Upon receipt of the Order, and after confirmation of payment, the Order is deemed accepted by us. An invoice will be issued automatically or sent by email indicating the sale price, the transportation costs, if applicable, and applicable taxes. In the same way, we will inform you in case of our refusal to accept an Order.

  • Processing Orders

The Products presented on the Site are normally available and the Site is updated regularly.

To go ahead with an Order, you must proceed in stages:

- Select in your "Basket" the Products available and the quantity chosen. Quantity restrictions may be set depending on the circumstances.

- Identify yourself by filling in the information requested in the "guest" section.

- Proceed to check your Basket

- Accept the GCUS and our Charter

- Proceed to payment

  • PRICES — PAYMENT — TAXES
  • Prices

All prices are in Canadian dollars, unless otherwise stated.

The prices of the Products chosen may vary from day to day. Payment made online in accordance with the conditions set forth secures the price for the current Order only.

Once the Order has been verified by you, you can proceed to the payment of the Products by adding shipping costs, if applicable, and applicable taxes. Although we take great care in the price indications of our Products, a manifest error is always possible. We reserve the right to modify the prices on our Online Boutique.

  • Payment

Payment must be made by a VISA credit cards or PayPal.

You declare that you are the holder legally authorized to use these credit cards.

Full payment will be required for Product Orders whose price is less than or equal to $ 5,000 excluding tax and delivery costs.

For Orders over $ 5,000, 50% of the price will be required when the Order is placed and the balance must be paid no later than the date of delivery.

The total price indicated on the invoice is the final price unless the indications for delivery have not been supplied correctly and the delivery has not been made. You will then have to contact us in order to make new arrangements for delivery and payment of additional costs, if applicable.

Payment of the balance of the sale price must be made at the latest upon effective delivery of the Products, according to the methods indicated above. Ownership of the Products will not be transferred to you until full payment has been confirmed.

The costs of packaging, postage and routing are always your responsibility. Upon delivery, the Products always travel at the risk of the recipient. Delivery is made by postal services or by private carriers.

  • Taxes

The prices displayed in our Online Boutique do not include the GST / QST taxes that will be added to the prices of the Products.

  • DELIVERY

We expect delivery within fifteen days of the first payment required. On the other hand, considering the economic situation surrounding the pandemic (Covid-19) and that we are dependent on our suppliers of Products, the delivery date or dates could vary as well as the quantities received. This is why, when the Order is ready to be shipped, we will contact you by phone or email so that you pay the balance of the Order, if necessary, and to confirm the time of delivery. The delivery will then be made by the carrier of our choice. You must be present to receive the Products and you will remain responsible for all additional charges (including, but not limited to demurrage charges) resulting from your failure to take possession of the Products in a timely manner.

The delivery of the Products is dependent on their availability. We undertake to make commercially reasonable efforts to avoid any delay in the delivery of the Products within the agreed period. In the event of supply difficulties, we reserve the right to replace the Products ordered with Products of equivalent value, quality and functionality, or to deliver only part of the Products ordered. In such case, we will only invoice the purchase price of the Products actually delivered and reimburse you the difference with the price paid, if applicable.

All the delivery or shipping dates that we indicate to you are only estimates and we cannot be held responsible for any loss, or any damage, cost or expense resulting from the non-delivery of all or any part of the Products according to the date of delivery or dispatch announced. Failure to deliver on the agreed date will not be subject to damages of any kind whatsoever, nor to cancellation of the Order.

The risks of loss and deterioration that the Products may suffer are transferred to you as soon as the Products are delivered by us to the carrier, for shipment to the address indicated on the Order. In all cases, it is your responsibility to safeguard your rights with respect to the carrier during delivery, by making any claim with the latter, according to the legal provisions in force.

As indicated above, ownership of the Products is transferred to you only after full payment.

  • INSPECTION, ACCEPTANCE OR REJECTION

You have forty-eight (48) hours after receipt of the Products (the “Inspection Period”) to inspect them and inform us in writing of any non-compliance in the delivery or of defects found in the Products. In the event of noted failures, our only obligation will be, at our choice, to replace the defective Products, to repair them when possible, or refund the purchase price of any Product that is not delivered or does not comply with the Order. If, during the Inspection Period, you do not report in writing the non-conformity of a delivery with the Order or of defects found in the Products, you will be deemed to have accepted them without reservation.

For any question concerning returns or rejections, you can contact us at the following address or telephone and specifying the Order number:

Email : [email protected]

Telephone : 1.514.249.4846

No returned Product will be accepted without our prior authorization. You must indicate the following information on the return slip:

- Product name, quantity, delivery date and purchase date

- The reason for the return

- A copy of the invoice must accompany the return slip.

- We only accept Products in their original packaging.

  • GUARANTEES

We warrant that we have reasonably verified that our Products are free from defects in material or workmanship and conform to the manufacturer's written specifications. All other warranties on Products, representations, provisions regarding quality, condition, description, merchantability, fitness for use or counterfeit are expressly excluded in the most extensive manner permitted by applicable law.

For your part, you are solely responsible for the decision to purchase the Products, for their suitability for the needs of the entity for which this Order is placed and for the way in which these Products are used and kept by you. In no case can we be held responsible for a lack of adequacy, use or conservation, inter alia, of the Products ordered with the purpose sought by you. You will also be solely responsible for the use of the Products in a way or in an environment, or for any other purpose, for which the manufacturer has not designed them, or in violation of the manufacturer's recommendations or written instructions.

  • LIMITATIONS OF LIABILITY

Our total liability arising from this Order, whether contractual or otherwise, will, to the extent permitted by applicable law, be limited to damages of an amount equal to the amount that you paid for the Order under these presents. In no case can we be held responsible for damages of any kind whatsoever (including resulting from fault or negligence) resulting from or in relation to the contract including, without limitation, loss of profits, good faith, or work interruption.

  • Force majeure

We will not be responsible for any failure or delay in the performance of any of the obligations under this Order if such delay or failure is due to a cause beyond our control, including, without limitation, war, insurrection, attack, natural disasters, strike, epidemic, pandemic, power outage, or acts of government in their sovereign capacity, unavailability of overseas transportation, failure of public services and embargoes. We will inform you as soon as possible of the cause of the impediment and its consequences on the obligations which bind us. As long as this cause continues, our responsibility cannot be engaged. If the cause of suspension of our obligations continues beyond two months, we will then be able to cancel the Order by sending you an email to that effect.

  • CONFIDENTIALITY

All information exchanged between us regarding our respective business or commercial activities will be treated by the other party as confidential. The party receiving the confidential information will not disclose it to third parties without the prior written consent of the party sending the information. The foregoing does not apply to confidential information that (i) is or enters lawfully in the public domain, (ii) is legally obtained from a third party, (iii) is or has been independently generated by the receiving party, or (iv) is properly disclosed in accordance with a legal obligation, an order of a competent and last resort court, or that of a competent regulatory body. The information concerning you is and will remain your property and we may not use it for purposes other than those strictly necessary for the supply of the Products in accordance with the Order.

  • USE OF THE NAME OF another party

Neither party may use the name or logo of the other party in a manner other than that identified in this Order without first obtaining the written permission of such other party.

  • ASSIGNMENT AND SUBCONTRACTING

In no case may you assign, transfer or alienate in any way whatsoever your rights or obligations under this Order, or subcontract them, transfer or alienate them in any way whatsoever, without our prior written consent.

  • GOVERNING LAW - INTERPRETATION - CONCILIATION - JURISDICTION

These GCUS, as well as the Charter, are governed by the provisions of the laws of Québec and the laws of Canada which apply to them, without regard to conflicts of laws. The clauses are interpreted one by the other, giving each of them the meaning that results from all of the GCUS. In the event of a dispute, after having attempted to reconcile, the parties submit to the exclusive jurisdiction of the courts of Quebec, sitting in the judicial district of Bedford as regards any claim or other question arising from or relating to the Order.

  • DECLARATION

You declare that you are of full age and that you have not acquired the Products for personal use. You also acknowledge that you have read and understood these GCUSs and the Charter. The entirety of these presents represent no misunderstanding or inconsistency for you, and you declare that you accept all of these GCUS without reservation.

  • ELECTION OF DOMICILE

IMPACT SANTÉ + elects domicile at its head office:

110 Taylor Street,

Lac-Brome (QC) J0E 1R0

Phone : 1 514-249-4846

The opening hours are:

Monday to Friday from 9 a.m. to 4 p.m. except holidays.

  • LEGAL INFORMATION

IMPACT SANTÉ PLUS INC.

110 Taylor Street,

Lac-Brome (Quebec) J0E 1R0

CANADA

NEQ : 1,165,645,319

First upload: April 10, 2020.

Version number: 1.1.1

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