These Terms and Conditions were last updated on: September 15, 2020
1.1 These website terms and conditions of use for burrardpharma.com (the “Website”), constitute a legal agreement and are entered into by and between you and Burrard Pharmaceuticals Enterprises Ltd. (referred to herein as “Burrard Pharma”, “we”, “us”, “our”). The following terms and conditions (these “Terms and Conditions”), govern your access to and use of our Website, including any content, functionality and services offered on or through our Website (the “Service”).
1.3 By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Burrard Pharma 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.
2.2 The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
3.1 You acknowledge and agree that these Terms and Conditions apply to you when you visit the Website, irrespective of registering an account and subscribing to use our Services. Should you create an account to use our Services through our login and registration page on our Website, you will have access to various Services we offer, including the Drug Formulation Services, the Know-how Services, the Drug Manufacturing Services and the Technology Transfer Services more particularly described on our Website, in accordance with the pricing set out on our Website (the “Service Fee”).
3.2 Further and for greater clarity, in addition to the Service Fee as set out in our Website, you will also pay to Burrard Pharma a $250.00 annual subscription fee for your use of the Services (the “Annual Subscription Fee”). The Annual Subscription Fee shall be paid upon the date of purchase of the Services.
3.3 You acknowledge and agree that the Service Fee and the Annual Fee shall be paid by credit card through our third party payment processor, Stripe or PayPal. You further acknowledge and agree that the Service Fee and the Annual Subscription Fee are non-refundable.
4.1 Unless otherwise stated, all fees (including the Service Fee and the Annual Subscription Fee) are quoted in US Dollars. If your payment method fails or your account is past due, we may collect amounts by retaining collection agencies and legal counsel, suspend or limit your account.
4.2 You must provide us with a valid credit card or other form of electronic payment (such as PayPal or Stripe). We will automatically charge you based on the Services you purchase. We will share your account information with financial institutions and payment processing companies, including your submitted payment information, to process your purchase.
4.3 Prices for the Services are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term with respect to your Annual Subscription Fee. Depending on where you reside, foreign exchange fees or differences in price may apply, including because of exchange rates. We do not support all payment methods, currencies, or locations of payment. If the payment method you use is no longer valid (such as your credit card has expired) and you do not edit your payment information, you authorize us to continue to bill you for our Annual Subscription Fee and you remain responsible for all uncollected amounts with respect to the Annual Subscription Fee and the Service Fee, as applicable.
5.1 The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
5.2 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
5.3 You recognize that the transmission of information via the Internet is not completely secure. We do not guarantee the security of your personal information transmitted to our Website. Any personal information provided is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
5.5 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, 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 also agree to ensure that you logout of your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
5.6 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
5.7 You are prohibited from attempting to circumvent and from violating the security of this Website, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting the Website owner’s ability to monitor the Website; (e) using 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; (f) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Website via a denial of service attack, distributed denial of service attack, flooding, mail bombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Website or the Services in any way.
6.1 The term “Burrard Pharma IP” means all intellectual property rights in and to the Services (including any object code or source code related thereto), any and all documentation related thereto, and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, data base protection, or other intellectual property provided to you in connection with the foregoing. For the avoidance of doubt, Burrard Pharma IP includes any information, data, or other content derived from Burrard Pharma monitoring your access to or use of the Services.
6.2 Without limiting Section 6.1, you understand and agree that the Website and its entire contents, features, and functionality, including but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Burrard Pharma, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secrets, and any other proprietary rights. By accessing the Website or purchasing the Services, you do not and will not own the Burrard Pharma IP in any way whatsoever.
6.3 If you send or transmit any communications or materials to Burrard Pharma by mail, email, telephone or otherwise, suggesting or recommending changes to the Website, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Burrard Pharma is free to use such Feedback. You hereby assign to Burrard Pharma on your behalf, and on behalf of your employees, contractors, and/or agents, as applicable, all right, title, and interest in, and Burrard Pharma is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, provided that Burrard Pharma is not required to use any Feedback.
6.4 Without limiting Section 6.1, our name, and all related names, logos, product and service names, designs, images, and slogans are trademarks owned by us, our affiliates, or our licensors, as applicable. For greater certainty, our trademarks include, without limitation:
(a) Burrard Pharmaceuticals
(b) Burrard Pharma
(collectively, the “Burrard Pharma Trademarks”)
You must not use the Burrard Pharma Trademarks, without our authorization in writing, in any way whatsoever. Your unauthorized use or display of the Burrard Pharma Trademarks shall constitute an infringement or violation of our intellectual property rights.
6.5 Other names, trademarks, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
6.6 You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever.
6.7 If you print, copy or download any part of our Website in breach of these Terms and Conditions, 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. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property and other proprietary laws.
6.8 For greater certainty and without limiting the generality of the foregoing, nothing contained in these Terms and Conditions will be construed as an assignment to you of any Burrard Pharma IP, including without limitation, any patent, copyright, trade secret, trademark or any other intellectual property rights in or to the Services. All of the Services and the data and technology therein will remain the sole and exclusive property of Burrard Pharma.
7.1 As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
7.2 The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
7.3 Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
(c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
(d) involve attempting to exploit or harm any individual (including minors) in any way or by seeking the personal information of other individuals as prohibited under applicable laws, regulations, or code;
(e) provide or contribute any false, inaccurate or misleading information;
(f) impersonate or attempt to impersonate Burrard Pharma, a Burrard Pharma employee, another user, or any other person or entity (including without limitation, by using email addresses, or screen names associated with any of the foregoing);
(g) transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Burrard Pharma or users of the Website or expose us or them to liability;
(i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
(j) promote any illegal activity, or advocate, promote, or assist any unlawful act.
8.1 The Website may contain Interactive Functions allowing User Submissions on or through the Website. You acknowledge that the User Submissions you submit to the Website will not be subject to any confidentiality obligations by Burrard Pharma.
8.2 By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and that all User Submissions comply with applicable laws and regulations.
8.3 You understand and agree that you, not Burrard Pharma nor Burrard Pharma’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other use of the Website.
9.1 Burrard Pharma has the right, without provision of notice to:
(a) remove or refuse to provide the Services to any user;
(b) at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions or these Terms and Conditions;
(c) take appropriate legal action, including without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, Burrard Pharma has 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 any user posting any materials on or through the Website; and
(d) terminate or suspend your access to all or parts of the Website for any reason or no reason, including without limitation, any violation of these Terms and Conditions.
9.2 YOU WAIVE AND HOLD HARMLESS BURRARD PHARMA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY BURRARD PHARMA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER BURRARD PHARMA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
9.3 We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal or objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
11.1 For your convenience, this Website may provide links or pointers to third-party sites. We make no representations or warranties about any other websites or service providers that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of same. You acknowledge and agree that you are subject to any terms and conditions and privacy policies of such third party sites at all times.
12.1 The owner of the Website is based in the Province of British Columbia, in Canada. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
13.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
FOUND OR ATTAINED THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION, THE SERVICES PURCHASED BY YOU
THROUGH OUR WEBSITE AND THE DOCUMENTS RELATED TO THE SERVICES PROVIDED TO YOU IN RELATION TO SAME) IS AT
YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER BURRARD PHARMA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER BURRARD PHARMA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE 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.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, 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 FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL BURRARD PHARMA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, 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, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, THE SERVICES PURCHASED THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION THE SERVICES RELATED TO THE DRUG FORMULATION, KNOW-HOW, DRUG MANUFACTURING, OR TECHNOLOGY TRANSFER) ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
15.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Burrard Pharma, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 the breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
16.1 The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
16.2 Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
17.1 No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
20.1 This Website is operated by Burrard Pharmaceuticals Enterprises Ltd.
20.2 Should you become aware of misuse of this Website, you must report it to firstname.lastname@example.org
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