Last updated: August, 30 2021
The Services are available only to Users who may lawfully enter into contracts as provided by applicable law. By using, accessing or purchasing on the Services, you represent and warrant that you are of legal age in your place of residence to enter into a contract.
1. MODIFICATION OF THE TERMS
1.1. Right to modify the Terms. Nostrano reserves the right, at its sole discretion, to modify the Terms from time to time.
1.2 Notice of amended Terms. Unless Nostrano makes a change for legal or administrative purposes, Nostrano will provide reasonable notice before the amended Terms come into effect. You agree that Nostrano may notify you of the amended Terms by posting them on the Services.
1.3 Acceptance of the amended Terms. Your use of the Services after the effective date of the amended Terms constitutes your acceptance of these amended Terms. You will need to review these Terms and any amended Terms before using the Services.
1.4 Effective Date of the amended Terms. The amended Terms will become effective upon posting on the Services or such a later date as may be specified in the amended Terms and will apply to your use of the Services as of such effective date.
2. USE OF THE SERVICES
2.1 Features. The Services allow you to obtain information about our products, locate our retail locations, view blog posts, and purchase products from our Store.
2.2 Access and Use. You are allowed to access and use the Services for your personal and non-commercial use solely and to consult the various information and content available thereof.
2.3 Health, nutrition and parenting information. By using our Services, including reading our blog posts, you will have access to recommendations to guide you regarding parenting and the nutrition of your child. The information provided on our Services is not intended to replace the advice of a physician or other health care professional. This information is general in nature and may be more or less helpful, depending on your child’s particular needs. By using our Services, you agree, represent and warrant that you have consulted with your physician before making any dietary or other changes based on the information available through the Services. Never disregard professional medical advice or delay in seeking it based on information you have read on this Site.
2.4 Restrictions. You shall not i) use the Services for purposes other than in accordance with these Terms, ii) copy, distribute, or disclose any part of the Services in any medium, including by any automated or non-automated web scraping tool or technique, iii) use any automated system, including “robots,” “spiders,” and “offline readers”, to access the Services, iv) transmit, via the Services, spam or other unsolicited content, v) attempt to interfere with the servers running the Services, compromise their system’s integrity or security, or decipher any transmissions to or from them, vi) take any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Services infrastructure, vii) upload invalid data, viruses, worms, or other malware through the Services, viii) collect, extract or harvest, or attempt to, any personally identifiable information from the Services, ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, x) interfere with the proper working of the Services, xi) access any content on the Services through any technology or means other than those provided or authorized by the Services, xii) bypass the measures that Nostrano may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or the content therein, xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Services, or xiv) otherwise use the Services in contravention with applicable law.
2.5 Investigations and Prosecutions. Nostrano reserves the right to investigate any breach of these Terms and to take appropriate remedies to the fullest extent permitted by law. You acknowledge that Nostrano has the right to ensure compliance with these Terms, applicable laws, orders and requirements of a court or governmental body. In case of violation of these Terms, Nostrano shall have the right, at any time and without notice, to disable your access or use to the Services.
2.6 Data encryption. You understand that the information you provide to us (excluding credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3. ELECTRONIC COMMUNICATIONS
3.1. When you provide Nostrano with your email address through the Services, you expressly agree that Nostrano will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you (i) to keep you informed of the status of your purchase (ii) to conduct surveys or verifications concerning the Services, in particular regarding its functionalities, its usability, and your appreciation of it (iii) to share with you information and news about Nostrano, or (iv) for any other reason relating to the Services or Users’ security.
4. INTELLECTUAL PROPERTY
4.1. Trademarks. All trademarks (including words, expressions and logos) used by Nostrano for the purposes of distinguishing its own goods or services from those of others, are owned by Olymel L.P. Trademarks of Nostrano may not be used, reproduced or replicated, in whole or in part, without the prior written permission of Olymel L.P.
4.2. Copyright. All original works reproduced or published on the Services are protected by copyright. The owner of the copyright in each work reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
4.3. Other Rights. The Services may also be protected by industrial designs or patents. Nostrano reserves all rights to the Services not expressly granted. You agree not to engage in the use, copying, or distribution of any content of the Services other than as authorized.
4.4. Feedback. Nostrano is free to use, take advantage of, disclose, publish, withhold or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Services or any other Nostrano product or service (“Feedback“), without compensation or attribution to you or to any person responsible for this Feedback.
5. Personal information
The Services may contain hyperlinks to external Internet sites that remove you from the Services (the “External Sites“). You acknowledge and agree that Nostrano is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Nostrano of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Services, you expressly release Nostrano from any liability arising from your use of any External Site.
7. NO WARRANTY
The Services are provided to you “as is” and “as available” without any warranties of any kind. To the fullest extent permitted by applicable law, Nostrano disclaims all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. Nostrano may update the Services without notice. Although Nostrano does everything in its power to ensure that the information presented on the Services is complete and accurate, Nostrano cannot guarantee that such information is free of errors, omissions and inaccuracies. Nostrano makes no warranty regarding the quality of any content consulted or obtained through the Services.
8. LIMITATION OF LIABILITY
You acknowledge and agree that you assume all risk arising from your access to or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, in no event shall Nostrano, its affiliates, directors, employees, agents, licensors or successors and assigns be liable for damages of any kind, including, but not limited to, (i) any damages caused in connection with the use of the Services, or (ii) loss of use, loss of profits or loss of data, whether in proceedings in contract or tort, or otherwise, arising directly or indirectly out of the use or performance of the Services, including any damage caused by or resulting from a user’s reliance on any information obtained by the Services, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in performance.
By using the Services, you agree to defend, indemnify and hold harmless Nostrano and its officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, or your violation of these Terms or the rights of third parties. Nostrano may assume the exclusive defense and control of any matter for which you have agreed to indemnify Nostrano and you agree to assist and cooperate with Nostrano in the defense or settlement of any such matters.
10.1. Termination by Nostrano. Nostrano may terminate or suspend your access to or use of the Services immediately, without notice or liability, for any reason, including breach of these Terms.
10.2. Termination by you. You may terminate these Terms at any time by ceasing using our Services.
10.3. Effect of Termination. Upon termination of your access or right to use the Services, your right to use or access the Services will immediately cease.
10.4. Survival of provisions. The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination, including the intellectual property provisions, absence of warranty, limitation of liability and indemnification. Termination of your access to and use of the Services does not relieve you of any obligations prior to termination and does not limit any liability you may have to Nostrano or any third party.
11.1. Complaint procedure. For any dispute arising out of or related to this agreement, you agree, in the first instance, to contact Nostrano to attempt to resolve the dispute informally. If Nostrano has not been able to resolve the dispute with you informally, each party agrees to resolve the dispute by first seeking mediation, in accordance with the provisions of Articles 605 et seq. of the Code of Civil Procedure of Quebec, unless mediation (i) is not initiated by either party within ten (10) days after the expiration of the time period specified in a notice of default sent by one party to the other, or (ii) has not reached an amicable settlement after twenty (20) days from the commencement of the mediation and thereafter, if the mediation has not resulted in an amicable settlement, binding arbitration, in St-Hyacinthe, Canada, unless you and Nostrano agree otherwise in accordance with the provisions of Articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable law prohibits referral to arbitration or restricts a consumer’s right to appear in court.
11.2. Class action. Except in circumstances where applicable law prohibits restrictions on a Party’s right to bring a class action, all claims must be brought by the Parties on their own behalf, and not as a claimant or class member, in any representative proceeding or in a class action and, unless the Parties agree otherwise, an arbitrator may not combine the claims of more than one person.
11.3. Injunction. Nothing in this Section prevents the parties from obtaining interim relief or a safeguard order, such as an injunction or other equitable relief, from a court of competent jurisdiction before or during the arbitration proceedings.
12. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law provisions. Your conduct may also be subject to other local, national or state laws.
13.2. Assignment. You cannot assign or transfer these Terms or any rights or obligations thereto.
13.3 Waiver. Nostranos’ failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right, remedy, power, or privilege. To be valid, a waiver must be in writing and must be signed by Nostrano. A written waiver of any default shall not be construed as a waiver of any other default or failure of the same nature that may occur in the future.
13.4. Invalidity or Unenforceability. In the event that one or many provisions of these Terms is declared invalid or unenforceable or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms. These Terms will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms.
14. CONTACT US
Nostrano appreciates your comments, questions, and feedback, which may be sent to:
1580 rue Eiffel
QC, Canada, J4B 5Y1