YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS NOW. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOU SIGNING AND ACCEPTING THIS AGREEMENT AND INDICATES YOUR ACCEPTANCE OF APPLICABLE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IN ADDITION, IF YOU PLAN TO USE THE ON-LINE
ORDER SYSTEM AND RELATED AREAS OF THIS WEBSITE YOU MUST FOLLOW THE STEPS AS DESCRIBED HEREIN.
Read all terms and conditions of this agreement (the Agreement) before using or accessing our
Web site (the Site). You and your organization, as the case may be, (you) agree to the
following terms and conditions, as modified or amended by AgTa Home Care and Medical Supplies Inc. from time to time. Each time you access the Site, you re-confirm your acceptance of this
Agreement. If you do not agree to these terms and conditions, you may not access the Site. The
Agreement shall be effective from the day you access the Site or the day you initially use your
user ID and password to access the Site and shall continue in effect until such time that the
Agreement is terminated in accordance with the terms and conditions contained herein.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics,
interfaces, web pages, text, files, software, products, services, product names, company names,
trade-marks, logos and trade names contained on this Site (collectively referred to as the
Content) including the manner in which the Content is presented or appears and all information
relating thereto, are the property of their respective owners as indicated, AgTa Home Care and Medical Supplies or its licensors, as the case may be.
The Content contained on and in the Site, including, but not limited to, content, text, graphics, and
the selection, arrangement and compilation contained thereof are Copyright © AgTa Home Care and Medical Supplies Inc., 2005, ALL RIGHTS RESERVED.
Certain names, domain names, logos, designs, titles, words or phrases, whether registered (®) or
unregistered (tm), are trade-marks of AgTa Home Care and Medical Supplies Inc. or have been
licensed, explicitly or implied, to AgTa Home Care and Medical Supplies Inc. for use on the Site.
The display of the trade-marks on the Site does not convey, create or grant any license or
privilege of any kind whatsoever to you. Unauthorized use or exploitation of any of the trademarks
displayed on the Site is strictly prohibited.
2. Restrictions on Use
The Site is available only for your personal use. You agree not to:
(a) distribute the Content for any purpose including without limitation compiling an
internal database, redistributing or reproduction of the Content by the press or
media or through any communication system, network, cable or satellite system;
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt,
translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export,
merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish,
make available to any person or otherwise use, either directly or indirectly, the
Content in whole or in part, in any form or by any means whatsoever, be they
physical, electronic or otherwise. You shall not permit, allow or do anything that
would infringe or otherwise prejudice the proprietary rights of AgTa Home Care and Medical Supplies Inc. or its licensors or allow any third-party to access the
Content. The restrictions set out in this Agreement shall not apply to the limited
extent the restrictions are prohibited by applicable law.
You must enter a valid user ID and password to use the on-line ordering system. It is your sole
responsibility to monitor use of these access codes for all purposes, including, but not limited to
ordering. You accept all responsibility arising from the use and security of your user ID,
password and your access to the on-line order system. This includes unauthorized access by
your employees or any third parties. You agree that it is your responsibility to notify AgTa Home Care and Medical Supplies Inc. immediately if you wish to terminate your user ID and password or if
you need these access codes reissued. Do not disclose your access codes to anyone not
authorized to act on your behalf as you accept all responsibility, including, without limitation, any
obligations, responsibilities and/or liabilities arising out of any unauthorized use of your user ID
4. Order Validity
You accept all orders made using your user ID and password and you agree not to contest the
validity of enforceability of such orders placed via the Site. All orders placed using your user ID
and password shall, for all purposes, be deemed to be in writing and signed by you and will be
admissible as between the parties to the same extent and under the same conditions as other
business records originated and maintained in documentary form.
5. Terms and Conditions of Sale
Unless otherwise stated in an express written agreement signed by an authorized officer of
AgTa Home Care and Medical Supplies Inc., the terms and conditions contained on AgTa Home Care and Medical Supplies Inc. written invoices, the catalog, and the terms and conditions
contained herein, as amended from time to time, shall apply to all transactions involving you.
PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE
WITHOUT NOTICE AT THE DISCRETION OF AGTA HOME CARE AND MEDICAL SUPPLIES INC.
AgTA Home Care and Medical Supplies Inc. also reserves the right to limit and change styles,
Colors and quantities of products available through the on-line order system.
AgTa Home Care and Medical Supplies Inc. respects and protects the privacy and security of every
individual or legal entity that it deals with.
AgTa Home Care and Medical Supplies Inc. will:
(a) Only collect personal information and data in order to maintain a high level of
customer service to you. It will do so by, but is not limited to, offering special
offers and discounts, products that are suitable for its customers, and provide
other services that is suitable for its customers.
(b) Protect identifiable personal information including, but not limited to, credit card
information, addresses, phone numbers, and email addresses with proper,
industry-proven computer and business security & encryption methods and
software; secured internet transaction methods; and appropriate software and
hardware. That being said, AGTA HOME CARE AND MEDICAL SUPPLIES INC.
CANNOT ACCEPT ANY LIABILITY WHATSOEVER THAT ARISES FROM
THIRD PARTY SECURITY AND PRIVACY BREACHES AND YOU AGREE TO
THIS LIMITATION OF LIABILITY VOLUNTARILY.
AgTa Home Care and Medical Supplies Inc. will NOT:
(a) Sell, share, trade, refer or permit use of your personal data and information with
any third party unless we first receive your consent, permission or request.
(b) Attempt to solicit more information than it requires serving you better.
(c) Release any personal information unless required by law to do so subject to the
provision of your name and delivery addresses to a trusted shipping or fulfillment
company if you have asked us to send something to you.
AgTa Home Care and Medical Supplies Inc. Site contains many external links to third party websites.
These links are provided for convenience and advertising purposes only.
AgTa Home Care and Medical Supplies Inc. is not responsible for the privacy practices of
these third parties.
Email over the Internet is not secure. EMAIL PRIVACY CANNOT AND WILL NOT BE
ASSURED OR GUARANTEED. Email and its contents are subject to the users own
risk. AgTa Home Care and Medical Supplies Inc. will not assure privacy through email use and,
accordingly, cannot assume any responsibility for harm or damages that occur or that are
experienced through the use of email by yourself or by AgTa Home Care Medical and
Supplies Inc. When replying to your email.
BY ACCESSING THIS WEBSITE AND ENTERING INTO THIS AGREEMENT YOU
CERTIFY THAT ALL PERSONAL INFORMATION AS PROVIDED BY YOU IN THE
ONLINE USER AGREEMENT IS TRUE, ACCURATE AND COMPLETE IN ALL
If you have any further questions, please contact us directly.
7. Limits on Accuracy
The Site was developed as a service by AgTa Home Care and Medical Supplies Inc. to provide
information about its products and services. Information is believed to be accurate at the time it is
created. However, like any printed material, information may become outdated over time.
Information on the Site may contain technical inaccuracies or typographical errors. In the event a
product is listed at an incorrect price due to a typographical error or an error in pricing information
received from our suppliers, AgTa Home Care and Medical Supplies Inc. have the right to refuse or
cancel any orders placed for product listed at the incorrect price.
AgTa Home Care and Medical Supplies Inc. will use reasonable efforts to include accurate and up-to date
information on the Site, but AgTa Home Care and Medical Supplies Inc. makes no warranties or
representations as to its accuracy. YOU AGREE THAT ALL ACCESS TO AND USE OF THE
SITE IS AT YOUR OWN RISK. Nothing contained on the Site is to be construed as medical,
legal, investment, financial, or other advice. You are solely responsible for the retrieval and use
of the Content. You should apply your own judgment in making any use of any Content, including,
without limitation, the use of the information as the basis for any conclusions.
8. Modification of Information
Information on the Site may be changed, improved, or updated without notice at the sole and
unfettered discretion of AgTa Home Care and Medical Supplies Inc. Any amendments or modification
shall be provided to you through on-line notice and/or any other means AgTa Home Care and Medical Supplies deems, in its sole discretion, necessary. You agree that any access or use of
the Site by you after you have, or should have received, notice of any modifications or
amendments shall constitute acceptance of all such modifications or amendments.
9. Termination of the Agreement
AgTa Home Care and Medical Supplies Inc. may in its sole and unfettered discretion elect to terminate
all or any part of this Agreement or any or all of the functionality available through the Site,
including, without limitation, modification or termination of the ability to place orders or make
inquiries at any time in the future. You agree on termination of this Agreement to immediately
cease accessing or using the Site. The Content may contain confidential information of
AgTa Home Care and Medical Supplies Inc. Any such termination by the AgTa Home Care and Medical Supplies shall be in addition to and without prejudice to such rights and remedies as may be
available to the AgTa Home Care and Medical Supplies Inc., including injunction and other equitable
remedies. The disclaimers, limitations on liability, ownership, termination, and the indemnity
provisions of this Agreement shall survive the termination or expiry of this Agreement.
10. Third Party Links
This Site may contain links to other sites. AgTa Home Care and Medical Supplies Inc. does not assume
responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or
statements contained at such sites, and when you access such sites, you are doing so at your
own risk. In providing links to the other sites, AgTa Home Care and Medical Supplies is in no way
acting as a publisher of the material contained on those other sites and does not seek to monitor
or control such sites. A link to another site should not be construed to mean that AgTa Home Care and Medical Supplies is affiliated or associated with same. AgTa Home Care and Medical
Supplies DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING
WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER SITES.
The mention of another party or its product or service on this Site should not be construed as an
endorsement of that party or its product or service.
11. Limitations on Liability and Disclaimers
AgTa Home Care and Medical Supplies Inc. shall use appropriate security technologies at accepted
industry standards as AgTa Home Care and Medical Supplies Inc. deems necessary to protect you
DUE TO THE NATURE OF THE INTERNET, AGTA HOME CARE AND MEDICAL SUPPLIES INC.
CANNOT GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE
INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS SITE
AND THE CONTENT IS AT YOUR OWN RISK AND AGTA HOME CARE AND MEDICAL SUPPLIES ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT,
YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE
OF YOUR INFORMATION, WHETHER PERSONAL OR OTHERWISE BY OTHERS.
AgTa Home Care and Medical Supplies Inc. shall not be responsible for any damages you or any third
party may suffer as a result of the transmission, storage or receipt of confidential or proprietary
information that you make or that you expressly or implicitly authorize AgTa Home Care and Medical
Supplies Inc. to make, or for any errors or any changes made to any transmitted, stored or
This Site and its Content are not to be construed as a form of promotion for an offer to sell any
product or service. Some products or services mentioned on the Site may only be available in
certain areas or jurisdictions.
EXCEPT AS PROVIDED FOR HEREIN, THE CONTENT MAY NOT BE ACCURATE, UP TO
DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT
IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE,
USE OR COURSE OF ACTION. THE CONTENT ON THIS SITE IS NOT INTENDED TO BE
USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY
TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET
YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT
WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.
EXCEPT AS PROVIDED FOR HEREIN, AGTA HOME CARE AND MEDICAL SUPPLIES INC.
ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON
THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. AGTA HOME CARE AND MEDICAL SUPPLIES IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT
YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. AGTA HOME CARE AND MEDICAL
SUPPLIES DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF
ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES OR
JURISDICTIONS WHERE IT MAY BE ILLEGAL IS PROHIBITED.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL
CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE
THROUGH THIS SITE ARE PROVIDED AS IS WITHOUT ANY REPRESENTATIONS,
WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES
AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY,
COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY,
PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF
DEALING OR USAGE OF TRADE.
AGTA HOME CARE AND MEDICAL SUPPLIES INC. DISCLAIMS ANY LIABILITY FOR THE
UNAUTHORIZED USE OF ANY PRODUCT PURCHASED THROUGH THE ON-LINE ORDER
IN NO EVENT WILL AGTA HOME CARE AND MEDICAL SUPPLIES INC., ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR
LOST SAVINGS, EVEN IF AGTA HOME CARE AND MEDICAL SUPPLIES INC. OR ANY OF ITS
LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIM.
IN NO EVENT WILL AGTA HOME CARE AND MEDICAL SUPPLIES INC., ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND
EMPLOYEES CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE
WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT,
NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE
AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS SITE, IN
THE MONTH IN WHICH THE CLAIM AROSE.
You agree at all times to indemnify, defend and hold harmless AgTa Home Care and Medical
Supplies, its agents, suppliers, affiliates and their respective directors and employees against all
actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever
(including legal and other fees and disbursements) sustained, incurred or paid by AgTA Home Care and Medical Supplies directly or indirectly in respect of:
(a) Any information or other content you provide on or through this Site or which are
sent to AgTa Home Care and Medical Supplies by through e-mail or other
(b) Your use or misuse of the Content or this Site or any products or services
purchased from AgTa Home Care and Medical Supplies Inc., including without limitation
any infringement claims.
The division of this Agreement into sections and the insertion of specific headings are for ease of
reference only and shall not effect the interpretation of the Agreement. In this Agreement and
other related written agreements between the parties, the singular includes the plural and the
masculine includes the feminine and neutral and vice versa unless the context requires
Unless otherwise indicated, all dollar amounts referred to in this Agreement are in Canadian
AgTa Home Care and Medical Supplies Inc. shall not be liable for any taxes or other fees to be paid
in accordance with or related to purchases made through the on-line order system. You agree to
take full responsibility for all taxes, customs, and freight charges and other fees of any nature
associated with any such product sold over the on-line system.
16. Entire Agreement
This Agreement contains the entire Agreement between the parties as pertaining to the subject
matter of these terms and conditions, and supersedes all prior agreements, understandings,
representations, negotiations, discussion, whether oral or written, of the parties. There are no
warranties, representations or other agreements between the parties in connection with the
subject-matter of this Agreement except as specifically set forth in this Agreement.
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall
not be affected. The Agreement shall thereafter be construed as if such invalid, illegal or
unenforceable provision were omitted.
18. Force Majeure
AgTa Home Care and Medical Supplies Inc. shall have no obligation to provide services to the extent and
for the period that AgTa Home Care and Medical Supplies Inc. is prevented from so doing by reason of
any cause beyond its reasonable control, including without limitation the inability to use or the
failure of any third-party telecommunications carrier or other services.
While every effort is made to ensure that all information provided at the Site does not contain
computer viruses, you agree to take reasonable and appropriate precautions to scan for
computer viruses and other disabling code or programs.
This Agreement and any rights or obligations arising out of this Agreement may not be assigned,
subcontracted or delegated, in whole or in part by you.
20. Independent Contractors
Nothing in this Agreement is intended to constitute a partnership between any of the parties.
21. Governing Law
This Site is operated by AgTa Home Care and Medical Supplies Inc. from its offices within the Province
of Ontario. The laws of the Province of Ontario and the applicable Laws of Canada therein shall
govern the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws
provision of your domicile. You hereby agree that the Courts of the Province of Ontario have
exclusive jurisdiction with respect to any claim, action or dispute under this Agreement.
22. Territorial Restriction
The Site can be accessed from Canada and other countries around the world. You understand
that some or all products and services provided on the Site may not be available for purchase or
licensing to persons or entitles residing in certain jurisdictions or geographical areas. AgTa Home Care and Medical Supplies reserves the unfettered right to limit the provision of any product or
service to a person or entity residing in any jurisdiction or geographical area.
The parties to this Agreement have required that this Agreement and all deeds, documents and
notices relating to this Agreement are written in the English language. Les parties aux présentes
ont exigé que le présent contrat et tous autres contrats, documents ou avis afférents aux
présentes soient rédigés en langue anglaise.
This Agreement shall enure to the benefit of and be binding upon the parties hereto and each
partys respective successors and permitted assigns. You acknowledge having read this
Agreement before accepting it and having the authority to accept this Agreement.
© AgTa Home Care and Medical Supplies Inc., 2005.