As of November 2021
This website (the “Site”) and the information it offers including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”) are owned by or licensed to, and operated by or on behalf of Psygen Industries Ltd. (“Psygen”, “we”, “our” and “us”, including, where applicable, any affiliate of Psygen). These Terms and Conditions are a binding agreement that applies to use of the Site generally, including reviewing Content.
Access is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and Psygen. These Terms and Conditions apply to your access to and use of the Site, including any review of the Content. These Terms and Conditions include disclaimers, exempt Psygen and other persons from liability, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site.
YOUR ACCESS TO OR OTHER USE OF THE SITE, INCLUDING REVIEWING ANY CONTENT, OR ANY OTHER USE OF THE SITE, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT INFO@PSYGEN.CA.
Updates to the Terms and Conditions: Psygen may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions may be posted on the Site, or may be without notice. Where required by Applicable Law as defined below in these Terms and Conditions, you may be notified by email or other method at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Regulations and Other Applicable Law: As used herein the term “Applicable Law” includes any applicable federal, provincial or local law as may be appropriate in the context, including privacy legislation, the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada), the Food and Drug Regulations (Canada), the Criminal Code (Canada), the Civil Code (Québec), other statutory law and regulations, common law, and any laws applicable in a jurisdiction outside of Canada from which you are accessing the Site. Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms and Conditions, of you, Psygen or other persons.
Eligibility based on Residence and Age: Psygen is a incorporated under Canadian federal law with operations in Alberta. The Site is intended for access, review, or other use by residents of Canada, and is not intended for access, review or other use by a young person unless such use is consistent with Applicable Law. For the purposes of these Terms and Conditions, a “young person” is someone who has not reached both: (a) the age of eighteen, and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed. If you are a young person, you are not permitted to access, review or otherwise use the Site unless such use is in compliance with Applicable Law.
PSYGEN MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, REVIEWING CONTENT, OR OTHERWISE USING THE SITE, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Using the Site: You may view and print Content from the Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Psygen’s express written consent. Without limiting the generality of the foregoing, you may not use the Site or any Content for commercial purposes without Psygen’s express written consent.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Site, including reviewing Content, acting on Content, or otherwise using the Site in jurisdictions where access or review of the Site or the Content would contravene Applicable Law, is prohibited. If you choose to access the Site from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with Applicable Law. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing Content, you agree that you will not:
Without limiting other recourse, including any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to the Site, Content, linked sites, or take technical and legal steps to keep users off the Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Psygen or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Psygen, Psygen Group (as defined below in these Terms and Conditions), or any other person.
No Spam, Spyware or Spoofing: Psygen takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without your consent, consistent with CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Psygen on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Site Content: All Content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Psygen assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Psygen does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Psygen or by any third party, which appears on the Site. Subject to the foregoing, Psygen works to keep the Site updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at privacy@psygen.ca.
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2021 Psygen, its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Psygen and is protected under Applicable Law including the Copyright Act(Canada), common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Psygen, other than as expressly provided for in these Terms and Conditions. Nothing on the Site shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Psygen or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos (“Branding”) of Psygen, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of Psygen, or of an affiliate or supplier. Such Branding may not be copied, imitated or used, in whole or in part, without the prior written consent of Psygen or any owners or other relevant parties as applicable relating to the Branding.
Reservation of Rights: Without limiting the generality of the foregoing, other of Psygen’s methods and processes may be subject to rights, including Intellectual Property Rights, of Psygen or a third party. Psygen and any applicable third parties reserve all such rights.
Privacy: By using the Site, including by reviewing the Content, subscribing to a newsletter or other opt-in communication, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Psygen as explained in the Psygen Privacy Policy (online: webpage), as revised from time to time, and as otherwise permitted or required by Applicable Law.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication. By using the Site, you agree that no deficiencies related to privacy, integrity or authenticity of any electronic communication between Psygen and yourself shall expose Psygen to any liability for damages you may suffer as a result of communicating with Psygen by electronic communications or if Psygen communicates such information to you at your request.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you, and not as an endorsement by Psygen of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Psygen makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Psygen generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Psygen. Notwithstanding the foregoing, Psygen reserves the right to require that you remove any link to the Website from a website owned, operated, posted on or otherwise used by you.
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
PSYGEN GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO PSYGEN, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO PSYGEN CONSULTING INC., AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF PSYGEN CONSULTING INC., OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “PSYGEN GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY PSYGEN GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PSYGEN GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. PSYGEN GROUP MAKES NO WARRANTY THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PSYGEN GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY PSYGEN GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY PSYGEN GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY DRUG IS OR HAS BEEN ESTABLISHED BY A REGULATORY BODY TO BE SAFE, OR IS EFFICACIOUS FOR A PARTICULAR THERAPEUTIC APPLICATION.
DISCLAIMER OF PSYGEN GROUP COMMUNICATIONS: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM PSYGEN GROUP, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD-PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR THE CONTENT. YOU UNDERSTAND THAT PSYGEN GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT, OR PSYGEN GROUP.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSYGEN GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
(A) YOUR USE OR APPLICATION OF THE SITE OR THE CONTENT;
(B) YOUR INABILITY TO USE OR APPLY THE SITE OR THE CONTENT;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY PARTICULAR THERAPEUTIC PURPOSE;
(E) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS; OR
(F) ANY OTHER MATTER RELATED TO THE SITE.
IF YOU CHOOSE TO USE THE SITE OR THE CONTENT YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM PSYGEN GROUP.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY PSYGEN GROUP OR IN THE CONTENT WHETHER OR NOT PSYGEN GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) PSYGEN GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO A MAXIMUM OF TWO HUNDRED DOLLARS ($200).
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Psygen, constitutes your consent to receive any legal notices required by Applicable Law at an email address or other contact information you provide to Psygen. Any legal notice sent by email or other electronic communication in this manner shall be deemed to have been received twenty-four (24) hours after the email or other electronic communication is sent by Psygen, unless Psygen is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Psygen. In such case, notice shall be deemed given three days after the notice is sent in the mail by Psygen.
Legal Disputes: To the maximum extent permitted by Applicable Law, unless Psygen agrees otherwise, any claim, dispute or controversy, whether based on a legal theory including, contract, tort, statute or regulation, and whether including a claim for pre-existing, present or future remedies, arising out of or relating the Site, the Content these Terms and Conditions or the Privacy Policy, in any context, will be determined by final and binding arbitration to the exclusion of the courts. Arbitration will be conducted in the city of Calgary on a simplified and expedited basis by one arbitrator pursuant to the Arbitration Act (Alberta). The foregoing does not, however, preclude Psygen from seeking injunctive relief when necessary, as determined by Psygen in its discretion, to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Law and Forum for Legal Disputes: For residents of Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Psygen is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For residents of provinces outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Psygen is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable to the Site, which are available on the applicable portion of the Site Subject to any additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Psygen with respect to the Site, the Content, and any information obtained through the Site by communication with Psygen personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Psygen has the right, in its discretion, to terminate or suspend your access to the Site, or to limit or deny your access to or participation in any Content, offered by Psygen at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Psygen, interfere with any other person’s access to or use of the Site, or if Psygen decides in its discretion for any reason whatsoever that access to the Site by any person, access to Content by any person, is otherwise detrimental to the Site, Psygen or Psygen Group more broadly, or Psygen’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Psygen with details. Psygen may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Psygen does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Psygen.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Psygen by email as indicated in these Terms and Conditions. You can communicate with Psygen by email at info@psygen.ca. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Psygen have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Psygen is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Psygen’s Administration Officer by email at info@psygen.ca or by mail at the address above with attention to the Administration Officer.
