Terms of service
This Site as a whole, and all material on this site, is protected by copyright and other intellectual property rights. All the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the Mayana Genevière® website or mobile application or otherwise used by Mayana Genevière® to deliver the Services ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws.
You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Mayana Genevière® through this Site or by other means ("Submissions") are neither confidential nor proprietary to you.
All submissions become Mayana Genevière’s® property upon submission to Mayana Genevière®. By making a Submission to Mayana Genevière®, you assign to Mayana Genevière® all rights, title and interests, including copyrights, in the Submission.
Mayana Genevière® has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission.
You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Mayana Genevière® has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
THIRD PARTY WEBSITE
This Website may contain links to other websites. Mayana Genevière® is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Mayana Genevière® does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without Mayana Genevière® prior written permission.
The Mayana Genevière® products depicted on this Website are representative of the Mayana Genevière® collection. Not all products shown on this Website are available at all Mayana Genevière® retailer stores. The style, designs and colors of the Mayana Genevière® products shown in this Site may be changed without notice.
Material in this Site may contain inaccuracies or typographical errors. Mayana Genevière® is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
Mayana Genevière® and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or any material on this site, regardless of whether a doctor was consulted.
This Site and the contents of this site are provided on an "as is" and "as available" basis. Mayana Genevière® makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Mayana Genevière® does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Mayana Genevière® shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
LIMITATION OF LIABILITY AND INDEMNITY
In no event shall Mayana Genevière® be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Mayana Genevière® has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
Mayana Genevière® shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
You agree to defend, indemnify and hold harmless Mayana Genevière®, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable legal fees and court costs, arising from or related to your use of this Website.
COMPLIANCE WITH APPLICABLE LAW AND JURISDICTION
You and Mayana Genevière® agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of province of Ontario, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the Superior and provincial courts located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you gain access to the Services from locations other than Ontario, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of Canadian export laws or regulations. English is the only language offered for the making or conclusion of any contract regarding this website or an online purchase.