Terms of use

Please read the following user agreement carefully before using this web site.

This user agreement (the “User Agreement”) between you and Summum Beauté International (the “Company”), governs your use of the Web site www.matis.ca (the “Site”), or any Web page operated by the Company. By using this Site, accessing any of the Company’s Web pages, or otherwise using any services provided by the Company, you represent and warrant to the Company that you have the requisite capacity to enter into this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of the Company’s Web pages or use any other services provided by the Company. The Company reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.

1. Copyright and trademark notices

All content included or available on this Site, including but not limited to code, scripts, images, forms, borders, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, Site
design elements, and the selection and arrangements thereof, in any format whatsoever (collectively the “Materials”) are the property of the Company and/or third parties and are protected by Canadian and international copyright laws.
The Company grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer. Any other use of the Materials on this Site, including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written consent of an authorized officer of the Company is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of the Company implies any license to use any of the Materials contained on this Site, whether or not such Materials are owned by the Company. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written consent of an authorized officer of the Company.

 

NEOLIA is a registered trademark of SUMMUM BEAUTÉ INTERNATIONAL subject to Canadian and international trademark laws. The NEOLIA logo, NATURE’S MOISTURE FOR YOUR SKIN, NATURE’S MOISTURE FOR YOUR HAIR and NATURE’S MOISTURE FOR YOUR SKIN AND HAIR are registered trademarks of SUMMUM BEAUTE INTERNATIONAL subject to Canadian and international trademark laws. The Company’s service marks/trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among consumers, or in any manner that blurs the distinctiveness or tarnishes the image of other service marks or trademarks. Except as expressly authorized in writing, the use or misuse of any trademarks,
service marks, trade names, logos or other intellectual property or content from this Site is strictly prohibited.

 

The Company respects all copyrights and intends on responding when notified of the infringement of such rights.
Therefore, and in compliance with L.R.C. 1985, C. C-42, if you believe that any Materials on this site infringe your
intellectual property rights, please contact the Company to request a review of the alleged infringement:

 

Summum Beauté International
4400, boul. Kimber
Saint-Hubert, (Quebec) CANADA J3Y 8L4
Phone: 450-678-3231 or 1 800-361-3739

2. Disclaimer of warranties

The company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material on the site. The company disclaims any responsibility for any harm resulting from downloading or accessing any information or material from sites linked to this site. The company disclaims any responsibility for any service outages that are caused by maintenance on the company’s servers or the technology that underlies this site, failures of the company’s service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of the company’s facilities, an act of nature, war, civil disturbance or other cause beyond the reasonable control of the company. 

 

The company does not warrant that this site, any Web site linked to this site, or the Web sites of the company’s partners, affiliates, suppliers or vendors will be uninterrupted or error-free. In addition, the company does not make any warranty as to the content on this site or on any site linked to this site, or as to the quality of the products or services sold through this site. The company’s site, its content and the products and services sold through the site are sold and/or provided to you on an “as is,” and “as available” basis. Any material that you download or otherwise obtain through this site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from your download of any such material. Neither the company nor any of its partners, affiliates, agents, suppliers or vendors make any warranty that (i) this site will meet your requirements, (ii) this site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this site will be accurate or reliable, (iv) the quality or integrity of any products, services, information, or other material that you purchase or obtain through this site will (a) meet your expectations (b) be of merchantable quality or (c) be fit for the particular purpose in which you intend to use such products, services or information (v) this site, its servers, and any Web sites linked to this site are free of viruses or other harmful components, and (vi) any errors will be corrected. Neither the company nor any of its partners, affiliates, agents, suppliers or vendors make any warranties of any kind, either express or implied, including, without limitation, warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, with respect to the company’s site, any content on the site or any of the products or services sold through the site. You expressly agree that you will assume the entire risk as to the quality and performance of the site, the products and services sold through the site, and the accuracy or completeness of the site’s content. You understand and agree that products depicted in images on this site may appear larger or smaller on your computer monitor than their actual size, and that other characteristics of such products (including but not limited to colour or shape of such products) may not appear accurately on your computer monitor.

3. Limitations on liability

In no event shall the company, any of its partners, affiliates, officers, directors, vendors, employees, suppliers, representatives, agents, successors or assigns (the “company parties” or “company party” as the case may be) be liable for any damages, including without limitation any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this user agreement, the sale of products or services through the site, or any other use of the site, even if such company party has been advised of the possibility of such damages. These limitations and exclusions shall apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence (including but not limited to the negligence of any company party), or (4) any other cause of action, to the extent such exclusions and limitations are not prohibited by applicable law. In the event such exclusions and limitations are prohibited by law, fail of their essential purpose, or do not otherwise apply, your sole and exclusive remedy for any breach of this agreement shall be the lesser of (a) the amount of fees you pay to the company in the 12 months prior to the action giving rise to liability, and (b) $100. You agree that any limitations on liability stated in this section 3 is a fair allocation of risk based upon the manner and cost by which the company’s products and services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with the type of products and services provided by this site.

4. Privacy policy

Incorporated and made a part of this Agreement is the Privacy Policy (the “Privacy Policy”). You hereby agree to allow the company to collect and use the personal information specified in the Privacy Policy in a manner set forth in the Privacy Policy, and you understand and agree that any personal information about you, including registration information and certain other information you provide or otherwise voluntarily or involuntarily reveal, is subject to our Privacy Policy. The Company reserves the right to change the Privacy Policy at any time upon written notice posted to the Site.

5. Indemnification

You hereby agree to indemnify, defend and hold harmless the Company from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Company Party in connection with any claim of any kind as a result of:

 

  1. Your use of this Site or any Web site linked to this Site;
  2. Your connection to this Site;
  3. Your purchase of any products sold through this Site;
  4. Your use of any products sold through this Site;
  5. The content, quality or performance of content that you submit or transmit to or
    through this Site;
  6. Any use or alleged use of your accounts or your passwords by any person, whether
    or not known or authorized by you;
  7. Your violation of this User Agreement; or
  8. Your violation of the rights of any other person or entity.

 

The Company reserves the right but not the obligation, at the Company’s own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defence of these claims.

6. Your conduct on this site

The technology and software underlying this Site and the services provided by the Company are the property of the Company. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or
otherwise transfer any right to the technology or software underlying Site or the services provided by the Company. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site.

You agree to grant an irrevocable exclusive license to use any intellectual property you post to or transmit through this
Site, including but not limited to a license to create derivative works from any such intellectual property.

You agree that you will not use the Site to do any of the following:

 

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute or disseminate (collectively, “Transmit”) through or on the Site any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, this Site, any software or hardware, or telecommunications equipment;
  4. Interfere with or disrupt the Site, servers or networks;
  5. Impersonate any person or entity, including, but not limited to, a Company
    representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site;
  7. Take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or
  8. Engage in any illegal activities.

 

You understand and agree that the Company may terminate your limited license to use the Site at any time for any reason, regardless of whether or not you engage in any of the activities listed above. Furthermore, you acknowledge that information contained on this Site may be inaccurate or incomplete in part or in whole. In this regard you agree that you will not rely on any information contained on this Site, including but not limited to information regarding the quality, availability, appearance, performance or pricing of any consumer products, information regarding the dates or descriptions of any events, information regarding the quality or scope of customer service provided by any third party person or entity, or information relating to any aspect of the sale of consumer goods.

Unauthorized access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing this Site.

Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site.

7. Satisfaction policy

If you are not satisfied with the products purchased on this Internet site, please contact a customer service agent at 450-678-3231, ext. 377 or 1 800-361-3739, ext. 377.

8. Sales tax

You agree that you will be responsible for any sales tax imposed or assessed with respect to products you purchase through this Site, whether or not such taxes are imposed or assessed at the time of the sale or at any time after such sale. Furthermore, you agree to indemnify the Company from and against any costs or expenses (including attorney fees) incurred in collecting such taxes from you.

9. Third party links

The Company may provide links to third party Web sites or access to third-party content. The company does not control, endorse or guarantee content found on such sites. You agree that the Company is not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that the Company shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience only.

10. Choice of law and forum

This User Agreement shall be construed in accordance with the laws of the province of Quebec without regard to its conflict of law provisions, and you and the Company irrevocably consent to bring any action to enforce this User Agreement before a court of competent jurisdiction in the province of Quebec.

11. Miscellaneous

This User Agreement shall constitute the entire agreement between you and the Company regarding your use of this Site, superceding all prior agreements, whether oral or in writing, that you may have executed with the Company.You may terminate this User Agreement at any time provided you discontinue use or access of this Site. You agree that in the event you terminate this agreement, sections 1, 2, 3, 5 and 9 of the User Agreement shall survive such a termination.If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our head office: Summum Beauté International, 4400 Kimber Blvd, Saint-Hubert (Quebec) Canada J3Y 8L4

Privacy policy

By using this site, you agree with the terms of this Privacy Policy. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

About Children

This site is not intended for children under the age of 16. We will not knowingly collect information from site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Web sites.

Active Information Collection

Like many Web sites, this site actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail, feedback forms, and/or chat rooms. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number, and so on). Some areas of this site may require you to submit information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, order processing) or to participate in a particular activity (such as sweepstakes or other promotions). You will be informed at each information collection point what information is required and what information is optional.

Passive Information Collection

As you navigate through a Web site, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.
This site may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site, and administer and improve the site.
A “cookie” is a bit of information that a Web site sends to your Web browser that helps the site remember information about you and your preferences.
“Session” cookies are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This site uses session cookies.
“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g. passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences. We do not use persistent cookies on this site.
“Internet tags” (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the Web site server information such as the IP address and browser type related to the visitor’s computer. We do not use Internet tags at this site.
“Navigational data” (“log files,” “server logs,” and “clickstream” data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. This site uses navigational data.

Use and Disclosure of Information

Except as otherwise stated, we may use your information to improve the content of our site, to customize the site to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in this Privacy Policy.
If you provide personally identifiable information to this site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We will take reasonable measures to prevent personally identifiable information from being combined with passively collected information, unless you consent otherwise.
We may disclose your personally identifiable information to other SUMMUM BEAUTÉ INTERNATIONAL affiliates worldwide that agree to treat it in accordance with this Privacy Policy. In addition, we may disclose your personally identifiable information to third parties, located in Canada and/or any other country, but only

 

  1. to contractors we use to support our business (e.g. fulfillment services, technical support, delivery services, and financial institutions), in which case we will require such third parties to agree to treat it in accordance with this Privacy Policy;
  2. in connection with the sale, assignment, or other transfer of the business of this site to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy; or
  3. where required by applicable laws, court orders, or government regulations. In
    addition, we will make full use of all information acquired through this site that is not in personally identifiable form.

Security

We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.

 

Links to Other Web Sites

This site may contain links or references to other Web sites. Please be aware that we do not control other Web sites and that, in any case, this Privacy Policy does not apply to those Web sites. We encourage you to read the privacy policy of every Web site you visit.

Other Terms

Your use of this site is subject to our terms of use.

Changes to This Privacy Policy

If this Privacy Policy changes, the revised policy will be posted on this site. Please check back periodically, and especially before you provide any personally identifiable information. This Privacy Policy was last updated in December 2010.