Terms and Conditions

The Cetaphil.ca website (“Website”) is owned and operated by Galderma Canada Inc. (“Galderma”). PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE WEBSITE. These terms and conditions of use, including any applicable policies outlined below (“Terms”) are governed by the laws of the Province of Ontario. By accessing the Website or using products and services offered by Galderma or its suppliers (“Services”) linked to these Terms you are agreeing to accept these Terms. If you do not accept these Terms, please do not use this Website or the Services. Please note the specific restrictions below regarding any on-line activity or transactions on this Website by individuals who are under the age of majority in their province of residence. This Website is intended for viewing and use by Canadians and individuals 13 years of age and older only. All information contained on this Website is intended for general usage.

Use of Website. Galderma authorizes Website visitors and users of its Services (“Visitors”) to view and download the materials on this Website, including text, pictures, graphics, audio or video clips, software and any other information (“Materials”) only for their personal, non- commercial use, provided that Visitors retain all copyright and other proprietary notices contained in the original Materials, on any copies of the Materials, abide by all laws and comply with all requirements identified in these Terms and such additional terms and conditions that may be provided to you during the downloading process. You agree to review and abide by any applicable terms and conditions and assume all risk associated with the use of such Materials. Visitors may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of these Materials (excluding Visitor Content as defined below) on any other website, electronic device or networked computer environment for any purpose is prohibited.

Registration, Accounts and Passwords. Certain elements of the Services offered through this Website may require registration. Should you choose to register at www.cetaphil.ca, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with the Service, and (b) all activities that occur under such password or account. Further, you agree to immediately notify Galderma of any unauthorized use of your password or account. In the event it is discovered that a child under the age of 13 registered without consent, the registration and all corresponding information shall be immediately deleted. Galderma shall not be responsible or liable, directly or indirectly, or in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements.

Privacy of Personal Information. The collection of any identifiable information about an individual (“Personal Information”) through this Website is done only with the consent of the individual and in accordance with the Galderma Privacy Policy, which forms part of these Terms. We urge all Visitors to click here to review this policy. Galderma may contact you by e-mail in order to provide you with updates pertaining to its services as well as information about additional offers, products or events that Galderma believes may be of interest to you. You can choose to unsubscribe to such updates by calling Galderma’s Privacy Officer at 1.800.467-2081 or via e-mail to privacyofficer@galderma.ca, or following the links on secondary marketing sent to you.

Monitoring. You acknowledge that Galderma has no obligation to monitor any Materials or Visitor Content accessible, transmitted through or posted to this Website or through the Services. You agree that Galderma has the right to monitor the use of the Website and Services electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) to operate the Website and Services properly; or (iii) to protect itself, other Visitors or users in accordance with the Privacy Policy. Galderma reserves the right to refuse to post, edit or to remove any Materials or Visitor Content in whole or in part, that, in its sole discretion is unacceptable, or in violation of these terms.

Network Security. Galderma provides you with Services through the networks of other telecommunications providers and through other suppliers and third parties (together “Suppliers”). Your use of the Services of Galderma and the equipment, facilities and services of Suppliers is at your own risk. Galderma assumes no responsibility for security of the Visitor’s facilities or networks or for unauthorized access to such networks or facilities. In all cases, Visitors are responsible for determining and establishing secure network access configurations. Galderma its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.

Visitor Content. Any text, pictures, graphics, audio or video clips, software and any other information transmitted or posted to this Website by Visitors (“Visitor Content”) will be considered non-confidential and non-proprietary. Galderma and its partners, affiliates and Suppliers shall have no obligations with respect to Visitor Content. Visitors warrant that all Visitor Content is original to them and they own or otherwise control all rights in and to such Visitor Content. Any Visitor Content containing pictures or material of a third party must have written consent from such third party rights holder, such material shall not be confidential information and the third party owner/author must be mentioned. All Visitors warrant that Visitor Content does not infringe or violate the rights of any third party including patent, trade-mark, trade secret, copyright, right of publicity, personality or other rights. Visitors grant Galderma, its partners, affiliates and Suppliers with a non-exclusive, world-wide, perpetual license, with the right to sublicense, copy, display, disclose, distribute, incorporate, adapt, modify, promote, create derivative works of and otherwise use the Visitor Content, and all data, images, sounds, text, and other things embodied therein. Visitors expressly waive any moral rights and release to Galderma any claims under the Canadian Copyright Act (as amended from time to time) in and to the Visitor Content. Visitors acknowledge and agree that transmitting or posting any Visitor Content on this Website makes such content accessible to the public and Galderma will not be held liable for any copying, reproducing, re-posting, use or exploitation by third parties. Visitors agree that they shall have no recourse against Galderma for any alleged or actual infringement or misappropriation of any proprietary right in Visitor Content.Visitors who are under the age of majority must have permission from their parent or legal guardian to post any content or comments on this Website or a blog. Galderma may email or request to email a parent or guardian for the purpose of verifying consent. In the event it is discovered that a minor posted material without consent from a parent or legal guardian all such content and comments will be immediately removed. Galderma reserves the right to refuse to post, edit or to remove any Visitor Content in whole or in part, that, in its sole discretion is unacceptable, or in violation of these terms.

Illegal Usage Prohibited. Visitors shall not use Galderma’s Website, Materials or Services to post, transmit, upload, distribute or publish any Visitor Content that is libellous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Galderma. Visitors agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this Website and posting or transmitting Visitor Content. In addition, while using the Website, Visitors shall comply with generally accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms as modified from time to time. Visitors place any Visitor Content on Galderma’s Website at their own risk. Some Visitor Content may be lost as a result of a system error or as a result of editing. Galderma and its Suppliers make no commitments with respect to recoverability of lost data.

Harassment Prohibited. It is prohibited to use Galderma’s Website or Services in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any comments or conduct that Galderma may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome, constitutes harassment.

False Representations Prohibited. It is prohibited to use Galderma’s Website or Services to post any advertising, promotions, and other Visitor Content that contains false, deceptive, or misleading statements, claims, or representations about Galderma, the Services or otherwise.

Trade-mark. The "Galderma" name and Galderma logo are trade-marks and registered trade-marks of and used under license by Galderma. Any use of Galderma Canada trade-marks without prior written authorization is prohibited.

Copyright. The Materials at this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website or the Services automatically terminates and Visitors must immediately destroy any downloaded or printed Materials.

Links to Other Websites. Links to third party websites on this Website are provided solely as a convenience to Visitors. If Visitors use these links, a new browser will be launched to access linked websites. Galderma has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Galderma does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If Visitors decide to access any of the third party websites linked to this Website, they do this entirely at their own risk.

Termination. You acknowledge and agree that Galderma, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to the Website or any Services and remove and discard any related Materials or Visitor Content for any reason, including where Galderma believes that you have violated any of the Terms. You agree that Galderma shall not be liable to you or to any other person as a result of any such suspension or termination. If you are unsatisfied with any Terms, policies or guidelines regarding the use of the Website or operation of the Services, please discontinue using the Website and/or the Services. Any amounts payable for Services shall be payable in advance and Galderma shall not be required to refund to you any amounts prepaid for use of any Services.

Indemnification. Visitors to this Website shall indemnify and forever save harmless Galderma, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Visitor’s use of this Website, Services, Materials, Visitor Content, and from Visitor’s breach of any Terms herein.

Disclaimer of Warranty. You acknowledge that you are using this Website and any Services or Materials at your own risk. Galderma and its partners, affiliates and Suppliers do not guarantee error-free or un-interrupted operations of its Website or Services. The Services and information provided at this Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Galderma and its Suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and Galderma makes no commitment to update the Materials. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. You agree that in no event will Galderma, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Website (including Services, Materials or information contained on this Website and/or other linked websites), any unauthorized access to or modification of any Visitor Content you may have posted, accessed or transmitted through the Website or the Services, or any activity or electronic transactions made through this Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether or not Galderma is advised of the possibility of such damages.

Applicable Laws. These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.

General. Galderma may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you and your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Entire Agreement. These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

Waiver. Galderma will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Galderma. No delay or omission by Galderma in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.