Terms of Use Agreement

13 February, 2019: These Terms of Use were last modified on the date indicated here and are effective immediately.

1. Acceptance of Terms

Welcome to the website of Tetra Natural Health (the “Corporation”, “we”, “our” or “us”). This notice describes the terms of use agreement of Tetra Bio-Pharma.  Tetra Natural Health is a subsidiary of Tetra Bio-Pharma Inc. These Terms of Use applies to all Tetra Bio-Pharma divisions, products, licenses, affiliates and subsidiaries.

Please read this Terms of Use Agreement (the “Terms of Use” or “Terms”) carefully, as it constitutes legally binding terms and conditions and applies to all users (“user”, “visitor” “you” or “your”) of the www.tetranaturalhealth.com website (the “Website” or “Site”), however you access or use the Site. By accessing, browsing, sending us an electronic message, using our form for requests, submitting an employment application, sending a curriculum vitae or otherwise using or accessing the Site, you consent to these Terms of Use. As set out below, the Site is made available by the Corporation and may contain content from affiliates of the Corporation or third parties or social media websites. The term “Site” includes all content, applications, features, functionality and services set out on the Site.

These Terms of Use govern (i) your access to and use of the Site and (ii) the content, features, and activities made available on the Site. These Terms apply only to activities of the Corporation on the Site and do not apply to the Corporation’s activities that are “offline” or unrelated to the Website. These Terms of Use do not cover other websites or any corresponding content, features, and activities made available by any other company or person and which you may access through a link on this Site (or links to the sites of the Corporation’s affiliates).

By accessing or using the Site, you understand, acknowledge and agree that you shall comply with these Terms of Use, as they may be modified from time to time. See “Modifications” section below.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS SITE AND PLEASE DO NOT DO SO.

2. Tetra Bio-Pharma Information

The Corporation has made a conscientious effort to display and describe information about the Corporation on the site accurately so that you can get a good idea of our business. However, the materials on this website are for your general educational information only. Neither the Corporation nor any of its employees, directors or officers practices medicine or provides medical services or advice, and the information on this Website should not be considered medical advice. You should always rely on your health care professional for diagnosis and treatment.

3. Modifications

The Corporation reserves the right to modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may post or display notices of material changes on the Site and/or e-mail you or notify you upon your accessing the Site about these changes; whether we will notify you and the form of such notice is at our discretion. Once we post modified Terms on the Site, the modified Terms become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently, verify the date of the last update (at the beginning of these Terms) and review these Terms regularly so you are aware of the most current rights and obligations that apply to you. If you do not agree to the modified Terms of Use, please do not use our Website.

4. Ownership and Use of the Site

The Corporation and its affiliates own, license or have the right to use the Site and all content contained and/or made available on, through or in connection with it (the “Content”) and all such Content is protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the Content may violate such copyright, trademark, and other laws. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, information, materials, design, and all legally protectable elements of the Site. For the purposes of these Terms of Use, the “Site” includes all Content on the Site. As noted in the next section, the Site may contain links to websites that are owned and operated by affiliates of the Corporation and third parties or social media websites unrelated to the Corporation. The content on these other websites is not part of the Content of the Site nor governed by these Terms of Use.

By accessing the Site, you may be able, among other things, to browse its Content and, in some cases, register to receive news and newsletters, submit employment applications and curriculum vitaes. Delete if not applicable, email us, other affiliates of the Corporation or third parties or social media websites through links on our Site, and engage in other activities that are made available to you. Links that the Site provides to other websites may permit you to engage in other activities and so we would recommend that you review the terms and conditions of use and privacy policies of these websites prior to accessing or using these sites.

You are solely responsible for your access to and use of the Site. As a condition of your use of the Site, you agree and warrant that (i) the Site will be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes; (ii) you will not alter, delete or conceal any copyright, trademark, service mark or other Content contained on the Site, including, without limitation, any Content you transmit, download, display, print, or reproduce from the Site except as may be expressly authorized by the Corporation; (iii) you will not upload or transmit through the Site, any unlawful or otherwise objectionable material of any kind; (iv) you will not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site; and (v) you will not access and use the Site except as permitted by these Terms of Use and in accordance with applicable law. Any unauthorized or illegal use of the Content on this Site is prohibited.

5. Third Party content and Links to other websites

The Site’s Content may contain content provided to the Corporation by third parties. The Corporation is not responsible for such content, does not control, verify or endorse it and makes no guarantees representations or warranties in connection with such content including no guarantee that it is accurate or that you may rely upon it. You hereby acknowledge and agree that the Corporation shall not be liable for any decisions that you make as a result of your reliance on any third party information posted on the Site. If you decide to contact any of these third parties through the Site or using information on the Site, you do so entirely at your own risk. The Corporation does not collect any personal information in connection with information posted at the request of third parties.

In addition, for your convenience, the Site may contain links to websites that are owned and operated by affiliates of the Corporation or by non-affiliate third parties or social media sites such as Facebook or Twitter. If you use these links, you will leave this Site. When linking to these external websites, please consult the terms of use and privacy policies of such websites as these will apply to your access and use of their websites. Any concerns regarding any product or service offered by a website to which our Website is linked or the link itself should be directed to the operator of that specific website and not to the Corporation.

The Corporation has not reviewed the websites of third parties and does not control and is not responsible for any of these sites or their content. The Corporation does not endorse or make any representations about such websites, or any information, software or other products, materials or content found therein, or any results that may be obtained from using them and does not warrant that they will not contain viruses or otherwise impact your computer. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy which is as follows: (i) any link to our Website which you put on your website must be a text only link clearly marked “Tetra Natural Health website”, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Tetra Bio-Pharma name and trademarks, and (iii) the link must point to the following URL listed below: www.tetranaturalhealth.com  and not to other pages within our Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Corporation, and (v) the Corporation reserves the right to revoke its consent to the link at any time and in its sole discretion.

6. Personal Information

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may provide us certain personal information such as your email address, a message or an employment application and curriculum vitae and all of this is considered “Personal Information”. Our practices for the collection, use, disclosure and retention of Personal Information are set out in our Privacy Policy, which is incorporated by reference into these Terms for all purposes. We encourage you to read the Privacy Policy and to use it to help you make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of any Personal Information that you provide to us.

“Cookies” can be used to provide you with tailored information from a website. This Website may use “cookies” so that we can better serve you when you return to our site. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to fully utilize all features of this Website. You have the ability to delete cookie files from your hard drive at any time.

7. Children’s Policy

We do not intend to collect any personally identifiable information from children through our website. The Corporation does not knowingly collect, disclose or store personal information from children under the age of 13. Children are not permitted to use the Website and the Corporation requests that only users that represent 18 years of age or the age of majority where they live or older to provide any personally identifiable information related to our website.

8. Employment applications

We may, in certain cases, post career and job opportunities of the Corporation on the Site. You hereby acknowledge and agree that: (a) your application for an employment listing via the Site does not create an employer-employee relationship with the Corporation or with any affiliate of the Corporation; and (b) neither the Corporation nor any affiliate of the Corporation shall be liable for any employment decisions that you make as a result of your reliance on any information posted on the Site. The collection and use of any personal information provided in connection with such career/job opportunities will be governed by our Privacy Policy

We may also, in certain cases, post career and job opportunities on the Site at the request of third parties. You hereby acknowledge and agree that, in respect of such third party job postings: (a) the Corporation does not screen the employment listings posted on the Site; (b) the Corporation does not guarantee the nature of the positions listed on the Site or the truth or accuracy of the description of such positions; (c) your application via the Site does not create an employer-employee relationship with the Corporation; and (d) the Corporation shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Site. The Corporation does not collect any personal information in connection with career and job opportunities posted at the request of third parties.

9. Disclaimer of Warranty

UNLESS OTHERWISE PROVIDED IN A SPECIFIC AGREEMENT WITH YOU, THE CONTENT PROVIDED AT THIS SITE IS PROVIDED ON AN “AS IS, WHERE IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CORPORATION DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Although the Company makes every effort to ensure that the Content of this Site is accurate, complete, and accessible, we do not warrant the accuracy and completeness of the Content of this Site, that this Site and its Content will be accessible and perform in accordance with your expectations, that the functions contained on the Site and its Content will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components. The Content on this Site may be out of date, and the Company makes no commitment to update the Content on this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. The Corporation does not warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.

10. Limitation of Liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE CORPORATION. IN NO EVENT WILL THE CORPORATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Indemnity

You agree to defend, indemnify and hold the Corporation, its affiliates and their respective employees, directors, officers, third party service providers and agents harmless from and against any and all liabilities, costs and expenses including reasonable lawyers’ fees, related to or caused by any breach of these Terms of Use by you or in connection with your use of this Site. If you violate these Terms of Use in a way that causes harm to others, you agree to hold Tetra Bio-Pharma harmless against any liability for that harm.

12. Severability

If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

13. Waiver

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Entire Agreement

Unless specifically provided herein, these Terms constitute the entire agreement between you and the Corporation with respect to your use of this Site. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth in an agreement. If there is any conflict or inconsistency between these Terms of Use and the provisions of another agreement between you and the Corporation, the provisions of the other agreement shall govern unless expressly provided otherwise.

15. Termination

Your authorization to access and use this Site shall automatically terminate if you are in breach of any of the provisions contained herein. Unless otherwise specified in an Agreement, the Corporation reserves the right, in its sole discretion, to terminate your access to this Site and any related services or any portion of it at any time, without notice.

16. Applicable Laws

These Terms will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. By using this Site, you hereby expressly consent to the non-exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada, for any legal proceeding arising out of or relating to your use of this Site and these Terms of Use.

17. Contact us

If you have a question or complaint regarding the Corporation or affiliates of the Corporation, please send an e-mail to info@tetranaturalhealth.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include any sensitive information in your e-mail correspondence with us. You may also contact us by writing to 50 O’Connor Street, Suite 1600, Ottawa, Ontario, K1P 6L2.

With respect to all e-mails or other communications that you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

18.  Logging Site Traffic

We maintain log files of the site traffic on www.tetranaturalhealth.com . We do not link any information gathered in these log files to personal information. Log files are used to manage traffic loads, identify the content most commonly accessed, and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.

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