Terms & Conditions and Privacy Policy

Acceptance of Terms Through Use

This website is owned and operated by Cover FX Skincare Inc. (referred to as "we", "us" or "our" herein) for your personal entertainment, information, education and communication. We welcome you to browse our site (the "Site"), but want you know that your access to, and use of, the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitations or qualification, the Privacy Policy Statement "Privacy Policy" and the Terms and Conditions. IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLWDGE THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. We will have the right at any time to modify or add to these Terms and Conditions effective immediately upon notice thereof, which may be given by any means, including but not limited to posting a revised version of there Terms and Conditions on the Site. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms and conditions imposed by third party content providers in connection with third party contents or services accessible through the Site.


We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. We will have the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.

Links to Third Party Sites & Services

Cover FX site may contain links to and from sites operated by third parties. Cover FX makes no representations whatsoever about any third party content that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked site / content. The linked sites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming provider's and the linked site's use agreements and privacy policies, and if you do not agree to be bound by the Terms and Conditions herein, we recommend that you terminate your use of that service or your visit to the site

Intellectual Property

The Site contains materials which is protected, nationally and internationally, by copyright and/or trademark laws. No material (including without limitation the text, images, audio and or video from http://www.coverfx.com or any Website owned, operated licensed or controlled by us and/or our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event only on any single computer for your personal non- commercial home or school use only provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Website or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and or images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Lawful Use

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms and Conditions and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in par or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without Cover FX' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying Cover FX will not be permitted.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. COVER FX DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. COVER FX, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COVER FX, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold Cover FX including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms and Conditions herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Disclaimer

Your use and browsing of this Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing the Site. We do not warrant that the functions contained in the Materials will be uninterrupted or error free, and/or that all defects will be corrected. We do not warrant or make any representations regarding the use or results of the use of Materials in the Site in terms of their correctness, accuracy, reliability or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain disclaimers/limitations herein may be superseded by applicable local law.

International Use

By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Accessing the materials on the Site from territories where their contents are illegal is prohibited.

Security Precautions

The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Cover FX provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

Choice of Law

This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms and Conditions or your use of the Site shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

These Terms and Conditions and our Privacy Policy constitute the entire agreement between Cover FX and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms and Conditions agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. Cover FX reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever. Privacy and Disclosure You have read and accept the terms of our Privacy Policy.

 

Privacy Policy

Cover FX Skin Care Limited (“Cover FX”) respects your privacy and is committed to protecting it. This Privacy Policy is intended to inform you of our privacy policy and practices, and of the choices you can make about the way your information is collected and used by us when you use the Cover FX website, currently located at www.coverfx.com (the “Website”). We encourage you to read this Privacy Policy carefully before using our Website or otherwise transacting business with us. By using our Website or services, you agree to the provisions of this Privacy Policy.

Types of Information We Collect

When visiting the Website, you may provide us with certain personal or non-personal information. For example, when you complete a purchase or subscribe to an e-mail list or newsletter.

  • Personal Information is information that is associated with your personal identity, such as your name, company name, physical address, e-mail address, telephone number, fax number, credit card information, your personal interests, and any other personal information you choose to provide to us while using the Website or purchasing our products. Once you choose to provide us with personal information, you can be assured that it will be used only to support your relationship with Cover FX. We take seriously the trust you place in us. We will not sell, rent or lease your personal information to others.
  • Non-Personal Information is data about usage and service operations that is not associated with your specific identity. We collect and analyze non-personal information to evaluate how you and other Cover FX customers use the Website. Non-personal data we collect may include the pages visited on Cover FX websites, unique URLs visited within Cover FX-affiliated websites, your browser type and history, and IP addresses. Most non-personal data is collected via cookies or other technologies. Cover FX uses cookies, Web beacons and other such technologies for data analysis and to better personalize our services. Cover FX also places ads on other websites that may use cookies. Cookies utilized by Cover FX are in no way linked to any personal information on our Website.
How We Use Your Information

Cover FX uses personal information to provide you with services and to help us better understand your needs and interests. Specifically, we use personal information to help you complete a transaction or order, to communicate with you, to provide service and support, to update you on our services and products, to personalize promotional offers and to personalize marketing campaigns. Credit card information is used only for payment processing and fraud prevention. Credit card information and sensitive personal data are not used for any other purpose by our financial services providers or us and will not be kept longer than necessary for completing your purchase, unless you ask us to retain the information for future purchases.

Personal data given to Cover FX may be transferred across state and country borders for the purposes of data consolidation, storage, and simplified information management.

Non-personal data is aggregated for reporting about usability, performance, and effectiveness of our marketing campaigns. It is used to improve your and other customers’ experience.

We may also disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also disclose any information when we believe, in our sole discretion, that disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with suspected or actual illegal activity.

Children's Policy

We are committed to protecting the needs of children and we encourage parents and guardians to take an active role in their children’s online and mobile activities and interests. We do not knowingly collect information from children under the age of 13 and we do not knowingly target children under the age of 13. If we obtain actual knowledge that we have inadvertently collected personal information about a child under the age of 13, that information will immediately be deleted from our database. This Privacy Policy is designed to comply with the Children’s Online Privacy Protection Act (“COPPA”).

Who We Share Your Information With

Cover FX does not share your personal information with, or sell, rent, or lease your personal information to, third parties other than third-party payment processing providers that we use to facilitate your buying experience.

In some instances, Cover FX may offer you the opportunity to consent to the sharing of your information with a third party offering a survey, contest, or other promotion. If you consent and choose to participate, we will share your information with such third party and the information you provide may be used by such third party for its own purposes and in accordance with its own policies.

Cover FX could merge with or be acquired by another business entity or some or all of their respective assets could be acquired. If such an event occurs, Cover FX will make every reasonable effort to bind the merging or acquiring entity to a confidentiality agreement before your personal information is shared.

User Choices

Cover FX gives you the choice of receiving a variety of information that complements our products and services. You may have opportunities to subscribe to receive certain product- and service-specific information and other marketing communications such as new product information, special offers, or an invitation to participate in market research. You have the option to make or change your choices regarding what, if any, communications you wish to receive from of us. This option does not apply to communications for the purpose of administering order completion, contracts, billing, or support.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly if your cookies are disabled.

User Privacy Preferences and Opting Out

To opt-out of receiving communications you have expressly requested, use any of the following methods and be sure to provide your name, e-mail, postal address, and any relevant information about your subscriptions and registrations:

  • Follow the opt-out instructions contained in the unwanted e-mail communication you received;

Please note that if you previously elected to receive communications from a third party, you must update your preferences with respect to that communication with the third party.

Access and Accuracy of User Information

Cover FX strives to keep your personal information accurate. We have implemented technology, management processes, and policies to maintain customer data accuracy. We will provide you with access to your information, including making reasonable efforts to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and User ID, before granting access to your data.

Changes to this Policy

If there are updates to the terms of this Privacy Policy, we will post those changes and update the revision date in this document.

 

Contacting Us

We value your opinions. If you have comments or questions about this Privacy Policy, please send them to Cover FX or write to us at the following address:

Cover FX Skin Care Inc.

1681 Flint Road

Toronto, ON M3J 2W8

Canada

Updated August 2013

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