Terms of Service
GENERAL TERMS OF USE
Last updated October 6, 2023
The following General Terms of Use are between Cosm Medical, Corp. (referred to as “Cosm Medical”, “us” or “we“) and you and apply to your use of (including any access to) www.cosm.care website (the “Website”). By using or accessing the Website or by otherwise accepting these General Terms of Use, you agree to be bound by all of the terms. You acknowledge that you have read, understood and agree to be bound by the following terms of use, including the Privacy Notice. If you do not agree to these terms, you must stop using the Website immediately. We reserve the right to change these terms without advance notice to you and post the changes on the Website. Your continued use of the Website after such changes is considered deemed acceptance of all such changes.
1. Ownership; Use
All text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, algorithms, software, data, messages, posts, information and other materials appearing on or in the Website (“Content“) are either owned by us, or provided through an arrangement with third parties. Cosm Medical and any such third parties retain all intellectual and proprietary rights to the Content, and the Content is protected by Canadian and international intellectual property laws, including, but not limited to copyright. You may view, access, download, use and print (if applicable) the Content for your personal, non-commercial use, provided you retain all copyright and other intellectual property and proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Cosm Medical under this Agreement and the limited rights granted to you are revocable at any time, without advance notice to you.
In no event may you sell, distribute, link, post, transfer, assign, license, sublicense, or modify the Content or display, reproduce, perform, broadcast, modify, adapt, translate, make a derivative version of, or otherwise use the Content in any way for any public or commercial purpose without our prior written consent. You may not decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code or object code underlying the Website, or use any automatic tools to use or access the Website, or to otherwise use or access the Website for any unlawful purpose. We reserve all rights with respect to the Website not expressly granted herein and may discontinue the Website at any time, without advance notice to you.
Unless otherwise specified, the Website is intended for adult use only. No information should be submitted to or posted to any of the Website by users under 18 years of age without the consent of their parents or legal guardian.
Any unsolicited information you provide to Cosm Medical through your use of the Website or through any other means shall be and remain the exclusive property of Cosm Medical. This includes, but is not limited to, information posted to any public areas of the Website, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All such Unsolicited Information shall be deemed to be non-confidential and Cosm Medical shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Trademarks, service marks, and logos, including but not limited to GynethoticsTM, CosmTM, and the stylized name of Cosm Medical (“Marks“) used and displayed on or in any of the Website are our registered and/or unregistered Marks in Canada and elsewhere, and nothing on or in the Website or in this Agreement should be construed as granting any license or right to use any Marks without our express prior written permission specifically for each use. Other product and company names mentioned herein may be service marks, trademarks, or registered service marks or registered trademarks of their respective owners.
2. Third-Party Websites
Cosm Medical may offer certain Website through third-party websites or provide links to third-party websites. These third-party websites are not under our control, and we are not responsible for the conduct or availability of, or content provided by third-party websites. Use of third-party websites is at your own risk. Before disclosing any personally identifiable information on any website, we encourage you to examine the terms and conditions and privacy policy of each of those websites. Links to third-party websites do not constitute or imply an endorsement by Cosm Medical.
3. Reservation of Rights
You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than to use the Website in accordance with the limited license granted, and subject to all terms and conditions of this Agreement. We reserve and shall retain our entire right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Privacy Policy
For more information concerning what information we collect and what we do with such information, see our Privacy Notice (which, together with these General Terms of Use, constitute the integral parts of the Agreement). We may obtain and release any information if we believe, correctly or not, that such release is necessary to comply with law, to enforce this Agreement, the Privacy Policy, or to safeguard our property or rights.
5. CONTENT IS INFORMATIONAL ONLY; CONSULT YOUR HEALTH CARE PROVIDERS
YOU UNDERSTAND THAT HEALTH CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING QUALIFIED HEALTH CARE PROVIDERS. THE CONTENT PROVIDED ON OR IN THE WEBSITE IS INFORMATIONAL ONLY AND NOT INTENDED AS MEDICAL OR HEALTH CARE ADVICE OR RECOMMENDATIONS TO BE USED FOR DIAGNOSIS, TREATMENT OR FOR ANY OTHER INDIVIDUAL NEEDS. THE CONTENT IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTH CARE ADVICE, RECOMMENDATIONS AND/OR WEBSITE FROM A QUALIFIED HEALTH CARE PROVIDER. THE CONTENT MAY NOT BE RELIED UPON IN ANY WAY IN CONNECTION WITH YOUR PERSONAL HEALTH CARE, RELATED DECISIONS AND TREATMENT. ALL SUCH DECISIONS AND TREATMENT SHOULD BE DISCUSSED WITH A QUALIFIED HEALTH CARE PROVIDER WHO IS FAMILIAR WITH YOUR INDIVIDUAL NEEDS.
6. Disclaimer of Warranties and Limitations on Liability
Use of the Website is at your sole risk and Cosm Medical assumes no responsibility for your use or access to the Website or any consequences thereof. Except for any express warranty stated on or in the Website, the Website, its Content, and all items offered for sale are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Cosm Medical DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, AGREEMENT OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS OR ANY WARRANTY THAT THE WEBSITE OR CONTENT WILL (i) MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PROVIDE RESULTS THAT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) BE FREE FROM ANY ERRORS OR ANY DEFECTS, OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.
For information on the Limited Warranty available with respect to products manufactured by Cosm Medical, please visit Cosm Medical’s website (www.cosm.care) or contact Cosm Medical at support@cosm.care.
IN NO EVENT SHALL Cosm Medical BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO ANY PERSON, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this Section 6 may apply to you. Cosm Medical’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.
7. Termination of This Agreement
By Us. We reserve the right, in our sole discretion, to suspend or terminate this Agreement and your access to all or any part of the Website or their Content, at any time and for any reason with or without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or their Content at any time with or without prior notice or liability.
By You. Your sole means for terminating this Agreement is to discontinue use of the Website.
Survival. If this Agreement is terminated, all sections shall survive the termination.
8. Miscellaneous
This Agreement (including the incorporated Privacy Notice) constitutes the entire agreement between you and us and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Province of Ontario applicable to contracts entered into and performed exclusively in Ontario. Any court of competent jurisdiction in Ontario will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.