WEBSITE TERMS & CONDITIONS
Last Updated: September 18, 2019
Welcome to the Tiger Balm Canada website (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by Haw Par Healthcare Limited (“HPH”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices. This Website is intended only for access from Canada or other countries where there are no country specific websites for HPH products, and where access to this Website and/or the contents of this Website are not prohibited by law.
Your use of particular services or areas of the Website may also be subject to additional terms outlined elsewhere on the Website (the “Additional Terms”). You agree to be bound by these Additional Terms, and in the event that any of the Terms conflict with the Additional Terms, then the Additional Terms shall control to the extent of such conflict.
HPH reserves the right to change the Terms under which the Website are offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms.
Ability to Enter into these Terms
In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.
No Health Advice Claims Provided
HPH offers this Website as a service and does not make any health advice claims with the content on the Website, which is provided for educational purposes only. You agree that none of the statements contained in this Website constitute health claims or medical advice, and that you should always therefore seek advice from a health care professional. The information on this Website is not intended to replace the advice and care of physicians and health care providers.
Permitted Use
HPH grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HPH. This licence does not include any resale or commercial use of this Website or its contents.
The following activities are also specifically prohibited:
No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trade mark (including without limitation “TIGER BALM” and derivatives), logo, or other proprietary information (including images, text, page layout, or form) of HPH and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising HPH’s or its affiliates’ names or trade marks (including without limitation “TIGER BALM” and derivatives) without the express written consent of HPH. Any unauthorised use terminates the permission or license granted by HPH.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main Welcome page of the Website as long as the link does not portray HPH, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HPH logo or other proprietary graphic or trade mark as part of the link without our express written consent.
User Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
Certain portions of the Website may allow you to forward material via email to addressees specified by you. By using this facility, you represent, warrant and confirm that you have the consent of the recipient to send such emails.
If you post or upload content, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HPH employee, host, or representative or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Intellectual Property
All right, title, interest and ownership and intellectual property rights in and to to the Website, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, is and will remain the property of HPH and/or its licensors.
All trade marks, service marks, and trade names (including without limitation “TIGER BALM” and derivatives) are trade marks or registered trade marks of and are proprietary to HPH, or other respective owners that have granted HPH the right and license to use such trade marks.
All of the aforesaid rights are retained by HPH and its licensors.
User Participation
Users of this Website may be permitted to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, but we reserve the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, you represent and warrant that:
a) you own or otherwise control all of the rights to the content or material that you post and such content or material does not infringe the intellectual property rights of HPH or any third party;
b) the content and material is accurate; and
c) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity (including that the content or material is not defamatory).
You further grant HPH and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and material throughout the world in any media (whether now known or in the future invented) or in connection with or as a part of any of its products or services; and the right to use the name that you submit in connection with such content.
You agree to waive any and all moral rights you have to such content, including without limitation your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to HPH, including the execution of deeds and documents, at the request of HPH.
HPH does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, HPH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
Any material, information or other communication you transmit, upload or post to this Website will be considered non-confidential and non-proprietary. HPH will have no obligations with respect thereto. HPH and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
HPH reserves all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without ascribing any reasons whatsoever.
Personal Information Submitted Through the Site
Your submission of personal information to us is governed by our Privacy Terms, which are set forth below. These Terms incorporate by reference the terms and conditions of the Privacy Terms.
Notices and Procedures for Making Claims of Copyright Infringement
HPH respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes trademark or copyright infringement, please provide written notice to HPH with full details of such infringement, to be submitted to HPH’s designated representative, as follows:
Wafa Sood, Business Account Manager, CROSSMARK® @ 5580 Explorer, Suite 300 Mississauga, Ontario L4W 4Y1 Tel: (905) 366-6333 Fax: 1 (877) 556-2841 Email: Wafa.Sood@crossmark.com
HPH will only process notices in the English language that contain sufficient detail for HPH to effectively investigate the claim and that comply with applicable laws and these Terms. Any notices that do not comply with the above will be rejected.
Upon receipt of a compliant notice of infringement, HPH may take further steps depending on the nature of the alleged infringement described in the notice.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HAW PAR HEALTHCARE LIMITED THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Typographical Errors
In the event a HPH product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HPH shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. HPH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HPH shall issue a credit to your credit card account in the amount of the incorrect price.
Third-Party Links
This Website may contain hyperlinks to web sites which are not maintained by HPH. Hyperlinks to other web sites are provided as a convenience. Use of the hyperlinks and access to such web sites are entirely at your own risk. HPH is not responsible for the contents of those web sites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those web sites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those web sites or the activities of the people, organizations and/or businesses responsible for those web sites.
HPH reserves the right to disable any links or frames from this Website, and disclaims any responsibility for the content available on any other site reached by links to or from this Website.
Disclaimer
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PRODUCT LISTINGS, NEWS, ARTICLES AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) HAW PAR HEALTHCARE LIMITED DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF HAW PAR HEALTHCARE LIMITED ARE EXPRESSLY DISCLAIMED; (C) HAW PAR HEALTHCARE LIMITED DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;AND (D) HAW PAR HEALTHCARE LIMITED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
HPH makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. HPH may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL HAW PAR HEALTHCARE LIMITED OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HAW PAR HEALTHCARE LIMITED (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.
YOU ALSO AGREE THAT HAW PAR HEALTHCARE LIMITED AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
Indemnification
You agree to indemnify, defend, and hold harmless HPH and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
Applicable Laws
These Terms and your use of this Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. The U.N. Convention on contracts for the International Sale of Goods shall not apply. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that HPH may seek and obtain injunctive relief in any jurisdiction.
General
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of HPH’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. HPH may assign its rights and obligations under these Terms. These Terms will enure to the benefit of HPH’s successors, assigns and licensees.
PRIVACY TERMS
Last Updated: September 18, 2019
This privacy statement applies to the Tiger Balm Canada website (the “Website”) maintained by Haw Par Healthcare Limited (“HPH”, “we”, “us” or “our”). By accessing and using this Website, you shall be deemed to have accepted and agreed to the terms hereafter set forth (the “Privacy Terms”). If you do not agree to these Privacy Terms, please do not use this Website.
These Privacy Terms may be changed from time to time. Changes will be posted on this page and your use of this Website after such changes have been posted will constitute your agreement to the modified Privacy Terms and all of the changes.
Consent and Information Collection and Use
When you visit the Website, use the functionality contained therein and/or communicate with us via email, we may ask for personal information that will be used for purposes set out in these Privacy Terms. Some information is also automatically collected, such as your Internet Protocol (“IP”) address, your operating system, the browser type, the address of a referring website, your user preferences and your activity on the Website. We treat this information as personal information if we combine it with or link it to any of the identifying personal information mentioned above.
By providing personal information to us, you consent to the collection, use and disclosure of such personal information as specified in these Privacy Terms. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. We do not knowingly collect the personal information from anyone under the major age of consent in the jurisdiction of residence of the individual or determined based on the address of such individual.
We may store and process personal information in Canada and other countries.
We may use your personal or account information for the following purposes:
Sharing of Personal Information
We may share your personal information with certain service providers, including without limitation outside shipping companies, vendors, consultants and credit card or payment processing companies (“Service Providers”). When we engage Service Providers who manage customer information on our behalf and/or perform services on our behalf, such as conducting surveys, sending communications or helping prevent fraudulent transactions, we may share your personal information with such Service Providers under the requirement that such personal information is used only to provide services to us.
We are not responsible for the actions of any independent third parties you may choose to engage with directly, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties
Rights to Your Information
We strive to ensure that any personal information we retain and use is accurate, complete and up-to-date as necessary for the purposes for which we will use it. If our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request.
Aggregated Data
We may also use your personal information and Website usage statistics to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers or users, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.
Links
The Website may contain links to other websites. These Privacy Terms do not apply to other websites and we are not responsible for the privacy practices or the content of such websites. We encourage you to read the privacy policy of linked websites prior to providing them with personal information. Their privacy policies and practices may differ significantly from our policies and practices.
Cookies and Log Files
We may use cookies and log files to track user information. Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your computer’s hard drive. We use cookies to track which page variant a visitor has seen, to track if a visitor has clicked on a page variant, to monitor traffic patterns and to gauge popularity of website pages and options. We will use this information to deliver relevant content and services to you.
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or functionality of our Website.
Change of Ownership or Business Transition
In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred in accordance with applicable privacy laws.
Security
We will strive to prevent unauthorized access to your personal information, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available.
We strongly recommend that you do not disclose your account information, including your password, to anyone.
Please remember that you control what personal information you provide while using the Website. Ultimately, you are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in your possession for the use of the Website. Always be careful and responsible regarding your personal information. Please advise us immediately if you believe your password has been misused.
We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Website. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Website, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Website. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.
Contact Us
If you have any questions or suggestions regarding our Privacy Terms, please contact us at info@tigerbalm.ca .
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