Virage Labs

Terms of Service

Terms of Service

Overview

This website is operated and maintained by Virage Laboratories Inc. Throughout the site, the terms “we”, “us” and “our” refer to Virage Laboratories Inc.  By visiting our website and/or making a purchase from us, you are engaging our “Service” and thereby agree to be bound by the terms and conditions set out in this document (the “Terms of Service”), as well as those in the following documents (our “Policies”):

These Terms of Service and terms and conditions set out in our Policies apply to all users of the site, without limitation.

Please read these Terms of Service, as well as our Privacy Policy carefully before using our website. If you do not agree to all the terms and conditions in these documents, then you may not access our website.  If you are considering making a purchase from our website, please also read our Shipping Policy and Return and Warranty Policy before completing your transaction.

As our website evolves, any new features, pages or information we may add shall also be subject to these Terms of Service as well as to our Policies. The current versions of our Terms of Service and Policies are viewable at any time on this page, and by following the links above. We reserve the right to update, change or replace any part of these Terms of Service or Policies without prior notice, by updating the documents on our website. It is your responsibility to check these documents periodically for changes. Your continued use of our website subsequent to the posting of any changes constitutes acceptance of those changes.

  1. eCommerce Site

By using our website and agreeing to these Terms of Service and our Policies, you represent that you are at least the age of majority in the state or province in which you reside, or that you are the age of majority in the state or province in which you reside and you have given us your consent to allow your minor dependent(s) to use our website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit to us, or to others via our website, viruses or any other code of a destructive or malicious nature.

Any breach of any of the Terms of Service will result in an immediate termination of your ability to access our Services.

  1. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.  You understand that your Personal Information (excluding credit card information), may be transferred in an unencrypted form through public or private networks, and between computer systems and software packages as required to provide you with information regarding your account or order(s) or facilitate our business processes.

Our credit card transactions are managed by third parties (Stripe and PayPal).  The handling of your information by these third parties is beyond our control, and we encourage you to refer to their Terms and Conditions (as well as other relevant documents) prior to completing your payment with us.

You agree not to reproduce, duplicate, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The section headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

  1. Accuracy, Completeness and Timeliness of Information

While we make best efforts to ensure the information on our website is accurate, occasionally there may be typographical errors, inaccuracies or omissions including (but not limited to) product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We are not responsible for any inaccuracies or omissions arising from, but not limited to, human error, or inaccurate and/or incomplete information from our suppliers and/or manufacturers.  Any reliance on the material on our website is at your own risk.  If you have questions about a product or Service (including capabilities or specifications), we invite you to email us at info@viragelabs.com and we will do our best to answer you.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information as we become aware of any issues.  This may include cancelling orders if any material information is inaccurate at any time, without prior notice and including after you have submitted your order.  In the case where a paid order is cancelled, the purchase price, including shipping costs and relevant taxes, will be refunded and we will contact you to make alternative arrangements.

Although we reserve the right to modify the content of our website or the Service at any time, we have no obligation to update or change any of said content, except as required by law.  No specific browser refresh date, nor any revision date applied to this Terms of Service or other documents on our website should be taken to indicate that any other part of our website or the Service has been updated. You agree that it is your responsibility to monitor our website for any changes we may have made.

  1. Modifications to the Service and Prices

The prices for our products are the sum of supplier/manufacturer pricing, transport, and our operational costs, and as such subject to change without notice as market conditions change.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time and without notice.  This includes discontinuing, changing or updating any of our products, as well as adding new products.

We shall not be liable to you or any third-party for any modification, change in pricing, suspension or discontinuation of the Service or any part thereof.

  1. Products and Services

Products or Services purchased or otherwise acquired through our website are subject to these Terms and Conditions, as well as our Policies.

We have made every effort to ensure the colors and other physical characteristics of the products appearing in our store are portrayed accurately, however we cannot guarantee that these will be rendered accurately on your computer and/or screen.

We reserve the right to limit the sale of our products or the provision of our Services to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis as legal, political or other conditions change.

We reserve the right to limit the quantities of any product sold to any person, entity, or group of people.

All descriptions of products and/or product pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on our website is void where prohibited.

For more detail, please review our Returns and Warranty Policy.

  1. Accuracy of Billing and Account Information

We reserve the right to refuse any placed with us, for any reason.

We may, at our sole discretion, limit or cancel quantities ordered per person, per household, per order or on any other basis.  This may include orders placed by or under the same customer account, paid for by the same credit card or other means of payment, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel your order, we will attempt to notify you via the contact information you provided to us during checkout.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  Instead, if you are a dealer, reseller or distributor, please contact us at reseller@viragelabs.com to enquire about working together

You agree to provide current, complete, legal and accurate information for all purchases made at our store, including method of payment, delivery and billing addresses, and contact information. You agree to promptly update your account information should it change during the course of a transaction, so that we can complete your order(s) and contact you as needed.

For more detail, please review our Returns and Warranty Policy.

  1. Third Party Links

We provide links to the websites of our shipping providers as a courtesy to you.  These links direct you to third-party websites that are not affiliated with us, and we are not responsible for examining or evaluating the content or accuracy of those websites, and do not warrant, nor have any liability for, the accuracy or quality of any content, materials, products, or services presented therein.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the Terms of Service and/or any other relevant documents pertaining to third-party websites before you engage in any transaction with them.

Complaints, claims, concerns, or questions regarding third-party websites should be directed to the responsible third-party.

  1. Forums, User Comments, Feedback and Other Submissions

If, at our request or otherwise, you send submissions to us, including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by surface mail or courier, or otherwise (“Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are not and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any comments.  Further, by submitting any Comments to us, you relinquish title to any intellectual property contained therein, as well as any right to compensation for any product or service derived therefrom.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service or any of our Policies.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious code that could in any way affect the operation of the Service, any other website or any other user on our website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party on our website.

  1. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

  1. Prohibited Uses

In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any computer virus or other malicious code that could in any way affect the operation of the Service, any other website or any other user on our website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any other website, or users of our website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

  1. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may render the Service inaccessible for indefinite periods of time, or cancel the service at any time, without any prior notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated otherwise by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Virage Laboratories Inc. is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Virage Laboratories Inc. assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on viragelabs.com or your downloading of any materials, data, text, images, video or audio from viragelabs.com.

In no event shall Virage Laboratories Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Service including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the limitations set forth in this section may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction. These limitations apply to the maximum extent permitted by law.

  1. Indemnification

You agree to indemnify, defend and hold harmless Virage Laboratories Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  1. Severability

In the event that any provision of these Terms of Service or the documents they incorporate by reference is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  1. Entire Agreement

Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and our Policies, or any other documents posted by us on our website or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  1. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

  1. Contact Information

Questions about the Terms of Service, our Policies or other issues pertaining to the Service or our website should be sent to us at info@viragelabs.com.