Terms of service – Canada Plus

Last modified: februari 2, 2024

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and WN Pharmaceuticals Ltd. (“WN Pharmaceuticals”, “we”, “us”, “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.canadaplusltd.com, including any content, functionality and services offered on or through www.canadaplusltd.com (the “Website”), whether as a guest or a registered user (“you”, “your”, “user”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agreeing to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://canadaplusltd.com/privacy-policy/], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is only offered and available to users of the age of majority in their jurisdiction and who reside in Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with WN Pharmaceuticals, in accordance with local laws, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Customer Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. For example, purchasing products on our Website may be restricted to those users who create a customer account.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access some of the resources the Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website (including when you create a customer account to purchase products) or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [https://canadaplusltd.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you create and thereafter use a customer account to purchase products, (or if you are provided with, a username, password or any other piece of information as part of our security procedures), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your customer account information, including your username or password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are solely responsible for all activities that occur under your customer account or using your username and password. You are also responsible to keep your information up to date by informing us of any changes at the email we have provided to you.

We have the right to disable any customer account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We further reserve the right to terminate customer accounts or use of this Website, change the content on the Website (including discontinuing or changing products on the Website) and cancel orders at our sole discretion.

4. Purchasing Products

By creating a customer account on our Website or otherwise placing an order for products on our Website, you agree to pay all fees, applicable taxes and charges (including shipping charges) charged to your customer account or to you in accordance with the billing procedures in effect when you place your order. Prices are subject to change without notice. You agree that you are responsible to pay all charges for any and all orders placed under your customer account or in your name. Please note that for our online store, we use Shopify and for payment processing, we use PayPal and Shopify Payments. For information on shipping and returns, see our Shipping and Returns Policy [https://canadaplusltd.com/contact/].

5. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof and rights in and to all products featured on the Website), are owned by WN Pharmaceuticals, its licensors or other providers of such material and are protected by United States, Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of any materials from this Website.

Other than to place order for products on the Website, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@wnpharmaceuticals.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by WN Pharmaceuticals. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

6. Trademarks

“Canada Plus Limited” and related logos are registered or unregistered trademarks and service marks owned or licensed by WN Pharmaceuticals. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks or trade names.

7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or submit User Contributions:

In any way that violate any applicable federal, provincial, state, territorial, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US, Canada or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

Additionally, you agree not to:

Use the Website to impersonate or attempt to impersonate WN Pharmaceuticals, a WN Pharmaceuticals employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm WN Pharmaceuticals or users of the Website or expose them to liability.
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

8. User Contributions

WN Pharmaceuticals welcomes your reviews, comments, photos, videos, or any other content that you submit: (i) whether through message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features on the Website (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials on or through the Website; or (ii) any content or information you publish through any social media platform (“Platform”) and allow Natural Factors to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (collectively, (i) and (ii) are “User Contributions”) as long as the User Contributions submitted by you comply with these Terms of Use, including the Content Standards, and the terms of use of the applicable Platform. The following provisions apply to sharing User Contributions:

When sharing User Contributions, you represent and warrant that you are the age of majority in your jurisdiction and that you hold all rights necessary for you to grant the licenses granted in this section, including permissions from or on behalf of any individuals that appear in the User Contributions to use, and grant to us the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any moral rights or other similar rights with respect to attribution of authorship or integrity of materials regarding User Contributions that you may have under any applicable law in any jurisdiction and confirm that you have such waivers for any person that participated in the creation of your User Contributions.
By posting a User Contribution to any of our Website or social media channels or allowing us to use such content, you are granting us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide right and license to use, display, perform, transmit, copy, modify, publish, create derivative works from, sell and distribute such User Contribution and to incorporate the User Contribution into any form, medium, or technology, now known or hereafter developed, throughout the world (this license is the “User Contribution License”). As such, do not send us any User Contributions that you do not wish to license to us, including any confidential information or product ideas. You further agree that Natural Factors may use the name provided along with the User Contributions submitted by you, with no obligation to do so. Natural Factors is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Contributions. The User Contribution License ends only when you delete that posted User Contribution unless that User Contribution has been shared with others and they have not deleted it.
Natural Factors does not endorse, nor are we responsible for the User Contributions shared by fans and non-fans alike on our social media channels. You are solely responsible for the User Contributions you submit, and Natural Factors assumes no liability for any User Contributions submitted by you or anyone else. In submitting User Contributions, you agree to abide by these Terms of Use, including the Content Standards.
If you are an employee, a partner or a supplier of Natural Factors or its affiliates, disclose your relationship with us when posting any User Contributions relating to our products or brands.

9. Monitoring and Enforcement; Termination

We have the right to:

Alter, remove or refuse to post or allow to be posted any User Contribution for any or no reason in our sole discretion.
Monitor User Contributions at its sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for WN Pharmaceuticals.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Prohibit you from participating on any of Natural Factors’ social media channels if you violate our Terms of Use or violate any Platform’s Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or our social media channels. YOU WAIVE AND HOLD HARMLESS WN PHARMACEUTICALS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WN PHARMACEUTICALS/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WN PHARMACEUTICALS/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website or our social media channels, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, territorial, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://canadaplusltd.com/privacy-policy/].
Be likely to deceive any person or be inaccurate or misleading in any way.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
Contain any viruses, bugs, worms, defects, Trojan horses, other items of a destructive nature.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Contain links to a competitor’s website or other third party website of which we do not approve.

11. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to us at the email address specified below.

12. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and do not recommend or endorse any specific product or service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Information contained on this Website, including information regarding products, is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady and is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Our products are not medicines and should not be used as a substitute for medical therapies and care of qualified health care providers. Any user should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment or using any product for any condition, disease or malady, and questions in relation to such treatment and use of products (including interactions with medications) should be directed to professional health care providers. You should carefully review all information provided with our products, including on information provided on the product labels and packaging.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WN Pharmaceuticals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WN Pharmaceuticals. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

14. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [https://canadaplusltd.com/privacy-policy/]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

16. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Geographic Restrictions

The owner of the Website is based in the Province of British Columbia in Canada. We provide this Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ANY USER CONTRIBUTIONS, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ANY USER CONTRIBUTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WN PHARMACEUTICALS NOR ANY PERSON ASSOCIATED WITH WN PHARMACEUTICALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WN PHARMACEUTICALS NOR ANYONE ASSOCIATED WITH WN PHARMACEUTICALS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY USER CONTRIBUTIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WN PHARMACEUTICALS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. ALL PRODUCTS PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO WARRANTIES PROVIDED BY THE MANUFACTURER, IF ANY. WITHOUT LIMITING THE FOREGOING, WN PHARMACEUTICALS SPECIFICALLY DISCLAIMS LIABILITY FOR PRODUCT USE, MISUSE, IMPROPER SELECTION OF PRODUCTS, AND NON-COMPLIANCE WITH PROVIDED DIRECTIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability

EXCEPT FOR DAMAGES CAUSED BY THE NEGLIGENCE OF WN PHARMACEUTICALS, IN NO EVENT WILL WN PHARMACEUTICALS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY USER CONTRIBUTIONS INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF WN PHARMACEUTICALS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO WN PHARMACEUTICALS FOR ANY PRODUCT OR SERVICE PURCHASED ON THIS WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT WN PHARMACEUTICALS CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF WN PHARMACEUTICAL’S LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify and hold harmless WN Pharmaceuticals, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

21. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Province of British Columbia without giving effect to any choice or conflict of law provision or rule (whether of the Province of British Columbia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts located in Vancouver, British Columbia, Canada although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute, claim, or controversy arising out of or related to these Terms of Use and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, will be referred to and finally resolved by arbitration. Notwithstanding the preceding sentence, neither WN Pharmaceuticals or you are required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Supreme Court of British Columbia, Vancouver Registry, will have exclusive jurisdiction over any suit not subject to arbitration. You and WN Pharmaceuticals will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by the Vancouver International Arbitration Centre (“VIAC“) (or its successor) pursuant to its Domestic Commercial Arbitration Rules of Procedure, and conducted by a single arbitrator in Vancouver, British Columbia, Canada, unless the arbitrator determines differently. The appointing authority will be the VIAC. The language of the arbitration will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in Court. Whether the dispute is heard in arbitration or in Court, you and WN Pharmaceuticals will not commence against the other a class action, class arbitration or other representative action or proceeding against WN Pharmaceuticals.

22. Waiver and Severability

No waiver by WN Pharmaceuticals of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WN Pharmaceuticals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23. Survival

The following sections shall survive termination of these Terms and your cessation of use of the Website: Sections 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23 and 24. As well, any section which by its nature survives termination (including defence and indemnification obligations), will survive termination of these Terms of Use and your cessation of use of the Website.

24. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and WN Pharmaceuticals Ltd. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

25. Your Comments and Concerns

This Website is operated by:

WN Pharmaceuticals Ltd.
2000 Brigantine Drive
Coquitlam, BC V3K 7B5
Canada

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@wnpharmaceuticals.com