Consumer Terms and Conditions - Canada

VIVIER PHARMA WEBSITE- TERMS AND CONDITIONS OF USE  

Vivier Mother’s Day Giveaway 2026: Official Rules

1. NO PURCHASE NECESSARY

No purchase or payment is necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited by law.

The Contest begins on Saturday May 9, 2026 at 3 p.m. ET and ends on Saturday, May 23, 2026 at 11:59 p.m. ET (the “Entry Period”). 

2. ACCEPTANCE OF RULES

By entering this Contest, entrants agree to be bound by these Official Rules and the decisions of Vivier Pharma Inc. 288 Adrien-Patenaude, Vaudreuil-Dorion, QC, J7V 5V5 (the “Sponsor”), which are final and binding in all respects.

By participating, entrants acknowledge that the individual they nominate (the “Nominee”) may be contacted and, if selected, will be required to fulfill winner eligibility requirements.

3. ELIGIBILITY

The Contest is open to legal residents of Canada and the United States who have reached the age of majority in their province, territory, or state of residence at the time of entry.

Entrants (individuals submitting nominations) must meet the above criteria.

 

Nominees (individuals tagged in entries) must:

  • Meet the same residency and age requirements;
  • Be eligible to travel to the United States;
  • Not be subject to any travel restrictions;
  • Be legally permitted to enter the United States; and
  • Hold a valid passport and any required travel documentation at the time of travel.

 

Employees, officers, and directors of the Sponsor and its affiliated companies, subsidiaries, agencies, and immediate family members or those living in the same household are not eligible as either Entrants or Nominees.

4. HOW TO ENTER

No purchase necessary.

To enter via Instagram, eligible individuals (each, an “Entrant”) must:

      Follow @vivierskin and @mamasformamas and @mademoisellejules

      Like the Contest post

      Comment on the Contest post tagging a mother or mother figure (the “Nominee”) and briefly state why they are deserving of the prize.

Each eligible comment constitutes one (1) entry. Multiple entries are permitted, provided each entry nominates a different individual.

Entrants must have a public Instagram account at the time of entry.

5. ENTRY CRITERIA

Entries must not contain content that is unlawful, offensive, defamatory, infringing, or otherwise inappropriate, as determined by the Sponsor in its sole discretion.

The Sponsor reserves the right to disqualify any entry that violates these criteria or compromises the integrity of the Contest.

6. PRIZE

One (1) Grand Prize available

The prize will be awarded to the selected Nominee, who will be deemed the winner (the “Winner”).

The prize includes:

      A two (2)-night trip to New York City for the Winner and one (1) guest, including:

      Round-trip economy airfare for the winner and guest from a major Canadian or US airport nearest the winner’s residence (as determined by the Sponsor), up to a maximum value of $1,200 CAD per person

      Hotel accommodations for two (2) nights (one room, double occupancy) at a hotel to be chosen by the Sponsor, a value of up to $2,100 CAD

      Two (2) facial treatments at Shafer Clinic (one for the winner and one for the guest), a value of $1,400 CAD per person

      Dining expenses up to $1,000 CAD

      Miscellaneous expenses up to $500 CAD

      Vivier product up to $1,000 CAD

Approximate retail value: $9,800 CAD (depending on departure city and travel dates).

7. PRIZE CONDITIONS

      Winner and guest must travel together on the same itinerary

      The Winner (Nominee) is responsible for selecting their guest, who must meet all eligibility requirements.

      Travel must be completed on or before December 31, 2026

      Travel dates are subject to availability and must be approved by the Sponsor

      Guest must meet all eligibility requirements

      If airfare exceeds $1,200 CAD per person, the winner is responsible for any additional cost

      All travel arrangements will be made by the Sponsor or its designated agent

The Sponsor is not responsible for:

      Missed flights

      Travel delays or cancellations

      Denied boarding or refusal of entry into the United States

      Transportation to and from airports and all transportation in New York City

Any costs exceeding the stated dining and miscellaneous allowances are the responsibility of the winner.

The prize is non-transferable, non-refundable, and has no cash value, and must be accepted as awarded.

8. WINNER SELECTION

The Winner will be selected from all eligible entries received during the Entry Period based on a merit-based evaluation process conducted by the Sponsor.

 

Eligible entries will be reviewed and evaluated by a selection committee appointed by the Sponsor, based on criteria including:

 

  • Demonstrated deserving qualities of the Nominee
  • Authenticity and sincerity of the nomination
  • Clarity of the reason for nomination
  • Overall emotional impact

 

The Nominee associated with the selected entry will be declared the potential Winner. All decisions by the Sponsor are final and not subject to appeal.

9. WINNER NOTIFICATION

The selected Nominee (the potential Winner) will be notified via Instagram direct message (either directly, if possible, or through the Entrant who submitted the nomination) within one (1) business day of selection.

If the selected Nominee:

  • Cannot be contacted;
  • Does not respond within 48 hours; or
  • Does not meet eligibility requirements;

they may be disqualified, and an alternate Nominee will be selected.

10. WINNER CONDITIONS

To be declared a Winner, the selected Nominee must:

  • Correctly answer a time-limited mathematical skill-testing question;
  • Sign and return a Declaration of Eligibility and Release;
  • Provide valid identification and proof of eligibility to travel.

Failure to comply will result in disqualification and selection of an alternate Nominee.

11. PRIZE FULFILLMENT

Travel, accommodations, and experience details will be coordinated directly with the confirmed Winner (Nominee).

Failure to complete travel within the specified timeframe will result in forfeiture of the prize.

The winner is responsible for:

      Valid travel documentation

      All applicable taxes

      All additional expenses not outlined in the prize

12. DISQUALIFICATION

The Sponsor reserves the right to disqualify any entrant who is found to be tampering with the entry process, violating these Official Rules, or acting in a disruptive or unsportsmanlike manner.

13. MODIFICATION / TERMINATION

The Sponsor reserves the right, in its sole discretion, to modify, suspend, or terminate the Contest at any time due to fraud, technical issues, or any other factor beyond its control.

14. PRIVACY

Personal information collected will be used solely for the administration of this Contest and in accordance with the Sponsor’s Privacy Policy.

15. PUBLICITY

By accepting the prize, the Winner (Nominee) agrees that the Sponsor may use their name, likeness, and content for promotional purposes in any media worldwide without further compensation, unless prohibited by law.

16. LIMITATION OF LIABILITY

The Sponsor and its affiliated entities are not responsible for any technical issues, lost entries, or damages arising from participation in the Contest or acceptance of the prize.

17. GOVERNING LAW

This Contest is governed by the laws of the Province of Quebec. All disputes shall be resolved exclusively in the courts of Montreal, Quebec.

18. SOCIAL MEDIA DISCLAIMER

This Contest is not sponsored, endorsed, administered by, or associated with Instagram. Entrants release Instagram from any and all liability related to this Contest.

19. QUEBEC RESIDENTS

For residents of the Province of Québec, the following conditions apply:

  • Any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling.
  • Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
  • The Sponsor may be required to file documentation with the Régie and comply with applicable Québec contest regulations.

20. LANGUAGE

In the event of any discrepancy between the English and French versions of these Official Rules, the French version shall prevail for residents of Québec.

21. CHARITABLE DONATION

In connection with this Contest, the Sponsor will donate one dollar (CAD $1.00) to Mamas for Mamas for each eligible entry received during the Entry Period, up to a maximum total donation of five thousand dollars (CAD $5,000).

No purchase is necessary to participate or to trigger a donation. Participation in the Contest does not require any contribution or payment by entrants.

The donation will be made by the Sponsor following the conclusion of the Contest. Once the maximum donation amount has been reached, no additional donations will be made, regardless of the number of additional entries received.

 

 Winner Selection Procedure – Vivier Mother’s Day Giveaway 2026

 

Overview
The Vivier Mother’s Day Giveaway 2026 Winner will be selected based on merit, using predefined evaluation criteria, rather than by random draw. The goal is to identify a mother whose story aligns with the spirit and values of the campaign.

 

1. Eligibility Screening

All entries will be reviewed to ensure that they comply with the Contest requirements. To be eligible, each entry must:

  • Include a valid Instagram tag of a nominee (the “Nominee”);
  • Include a comment describing why the Nominee should be celebrated;
  • Comply with all applicable Contest rules and Instagram guidelines; and
  • Meet all eligibility requirements set out in the Official Rules.

Entries that are incomplete, non-compliant, or otherwise ineligible will be disqualified.

 

2. Shortlisting Process

All eligible entries will be reviewed by Vivier Pharma Inc (“Vivier”). Based on this review, a shortlist of entries (the “Finalists”) will be selected for further evaluation.

Vivier reserves the right to determine the number of Finalists at its sole discretion, based on the volume and quality of entries received.

 

3. Judging Criteria

Given the short-form nature of Instagram comment submissions, entries will be evaluated based on the overall impression conveyed in the nomination. Finalists will be assessed using the following criteria:

  • Demonstrated Qualities:
    The extent to which the Nominee is described as a devoted, resilient, supportive, or impactful mother.
  • Authenticity and Sincerity:
    Whether the submission appears genuine, personal, and heartfelt.
  • Clarity of Nomination:
    How clearly the entrant communicates why the Nominee should be celebrated within the constraints of a short-form comment.
  • Emotional Impact:
    The degree to which the submission resonates and stands out.

 

Entries must include a clear and substantive reason for nomination. Submissions that are vague, incomplete, or do not reasonably address why the Nominee should be celebrated may not be considered.

 

All entries will be evaluated holistically. Not all criteria must be explicitly addressed in each submission; however, entries should collectively convey a compelling reason for nomination. Committee members may assign internal scores (e.g., 1–5 scale) to support consistency, but final selection will be based on overall merit and consensus.

 

4. Selection Committee

The winner will be selected by a panel of judges (the “Selection Committee”) appointed by Vivier, including:

  • A member of the Vivier Marketing Team
  • A representative from Vivier’s Partner Agency: 1Milk 2Sugars
  • Vivier Director of Marketing

All committee members will review shortlisted entries and score them independently based on the judging criteria. All decisions of the Selection Committee are final and not subject to appeal.

 

5. Final Selection Process

The Selection Committee will review and evaluate all Finalists based on the Judging Criteria.

The Selection Committee may use internal scoring or ranking methods to support consistency; however, the final decision will be based on overall merit and is not strictly determined by numerical scoring.

In the event of a tie or if the Selection Committee determines that no entry sufficiently meets the criteria, Vivier reserves the right to select an alternate Finalist or to not award the prize.

 

6. Additional Conditions

Vivier reserves the right, in its sole discretion, to:

  • Verify the eligibility of any entrant and/or Nominee;
  • Request additional information to validate a submission;
  • Disqualify any entry that is misleading, inappropriate, fraudulent, or not in keeping with the spirit of the Contest;
  • Exclude entries that are duplicative, automated, or lacking in meaningful content; and
  • Prioritize entries that provide specific, distinct, and compelling reasons for nomination in the event of a high volume of similar submissions.

 

7. Documentation & Record Keeping

Vivier may maintain records of the selection process, including shortlisted entries and evaluation notes, for the purpose of ensuring fairness, transparency, and compliance with applicable laws.

 

8. Winner Notification

The selected Nominee will be contacted via Instagram direct message and/or other provided contact details. The selected Nominee will be required to provide proof of eligibility and to complete and return a declaration and release form prior to being confirmed as the winner.

 

9. Official Rules

The Vivier Mother’s Day Giveaway 2026 is governed by the Vivier Mother’s Day Giveaway 2026: Official Rules.

1. USE OF THIS WEBSITE

The vivierskin.ca website (the “Site”) is owned and operated by Vivier Pharma Inc. and affiliates (the “Company”), for your personal and/or non-commercial use and information. Your use of this Site is subject to the following terms and conditions of use (“Terms”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this Site. 

The Company reserves the right to change, modify, alter or otherwise update the Terms applicable to this Site without prior written notice at any time, and from time to time, at the Company’s sole discretion.  We will notify you of any such changes, modifications, alterations or updates to this Site by posting notice of same on this Site. Following the posting of any such notice, your continued use of this Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.

The Company’s products (“Products”) may be ordered by Company-authorized customers only.  You are responsible to ensure that your access to this Site, and the material and information available on or through it, are legal in each jurisdiction in or through which you access or view the Site and such material and information.


2. PRIVACY

Our privacy practices respecting the information we collect during your visit to this Site are explained in our  Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this Site implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your personal information by the Company in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

 

3. PRODUCT INFORMATION AND AVAILABILITY

Products are available for sale and distribution to Company-authorized customers only. The Company attempts to be as accurate as possible in describing all Products. However, the Company does not warrant that Product descriptions or other content of this Site are accurate, complete, reliable, current or error-free. 

THIS SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

 

4. EXCLUSION AND DISCLAIMER OF WARRANTIES 

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS SITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.  THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 

COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF FITNESS FOR PARTICULAR USE, MERCHANTABILITY OR OTHERWISE WITH RESPECT TO PRODUCT, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS.



5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS SITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED FROM ON OR FROM ANY COMPANY WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.

IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS SITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE GREATER THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. 

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

FOR THE PURPOSES OF THIS SECTION, “THE COMPANY” SHALL INCLUDE THE COMPANY’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. 

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.



6. COPYRIGHTS AND TRADEMARKS

Material on this Site, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, “Marks”) displayed on this Site are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. 

Any resale of this Site or its contents; any collection of product listings, descriptions; any other derivative use of this Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools is prohibited. You may not frame or utilize framing techniques to enclose any page on this Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of this Site and/or its contents terminates the permission or license granted by the Company. 

Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.



7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

The Company does not wish to receive confidential, secret or proprietary information or material from you through this Site or other means.  

You acknowledge that information or material which you provide electronically through your access to or usage of this Site, including but not limited to, your ideas, suggestions, comments and other feedback regarding your use of this Site or the Products, is not, except as may be required under applicable law or pursuant to the Company’s Privacy Policy, confidential, personal, secret or proprietary.  You consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, all in accordance with the Company’s Privacy Policy

Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to the Company, whether provided by you electronically by accessing or using this Site or otherwise, and the Company’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.

 

8. SURVEILLANCE 

The Company may monitor the access to its websites, including without limitation, this Site, and other activities in relation to its websites and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You hereby consent to such surveillance and intervention, if the Company ever decides to exercise its rights hereunder.

 

9. LINKS TO OTHER WEBSITES

Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this Site.

 

10. DAMAGE TO OTHERS

 You agree not to introduce into or through this Site or any other Company website any information or materials which may be harmful to the Company or to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

 

11. MODIFICATION OF WEBSITE; RESERVATION OF RIGHTS 

The Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this Site or any aspect of it, and the Company will not be liable to you or any third party for exercising its rights hereunder. The Company may also impose rules for and limits on use of this Site or restrict your access to part, or all, of this Site without notice or liability. All rights not expressly granted in these terms are reserved to the Company.

 

12. ENUREMENT 

These Terms shall enure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

 

13. GOVERNING LAW 

This Site is controlled and operated by the Company from Vaudreuil-Dorion, Quebec and these terms, this Site, any use of this Site and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

14. DISPUTE RESOLUTION

You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec, district of Montreal, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.

 

15. SEVERABILITY 

If any one of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, such term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

 

16. JURISDICTION 

The Company makes no representation that materials, information or Products provided on or through this Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

17. COOKIES 

Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the website.  They keep a record of your preferences making your subsequent visits to the website more efficient.  In certain cases, this information is only kept during the session and is deleted when you close your browser.  In other cases, the information is stored on your hard drive and, upon your next visit to the website, the cookies are used to recall such information.  Cookies may store a variety of information, including a unique user ID that can be used to track the pages of the website you have visited and the number of times that you view a particular page or other item on the website, login or registration information, your preferences and your purchase history. 

We may use cookies in order to improve your online experience.  Your cookies help us keep track of your interests and, if you register on our Site, your cookies also help us to monitor and maintain information about your use of our Site. Your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of our Site.

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies.  This is done through your browser settings; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely.  You should note, however, that without cookies, some of the Site’s functions will not be available, and you will lose some of the benefits of the Site.

 

18. NO WAIVER 

The failure of the Company to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

 

19. ENTIRE AGREEMENT 

These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of this Site and any transaction conducted on or from this Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the Company making such amendments or modifications available to it pursuant to the terms hereof.

 

20. NO ASSIGNMENT

You may not assign your rights or obligations herein without the express written consent of the Company.

 

21. TERMINATION 

The Company reserves the right, at its sole discretion, to terminate your access to all or any part of this Site, with or without notice.

 

22. HEADINGS 

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.



23. LANGUAGE

These terms and any supporting or ancillary documents are drafted in English.
A French version of these Terms is available here.

 

24. MOBILE TERMS OF SERVICE

The Vivier Pharma Canada mobile message service (the "Service") is operated by Vivier Pharma (“Vivier Pharma Canada”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Vivier Pharma Canada’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Vivier Pharma Canada through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, promotions, abandoned cart, product launch, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Vivier Pharma Canada. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (833) 863-3445 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Vivier Pharma Canada mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1 (833) 863-3445 or email onlinecare@vivierpharma.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Revision Date: February 2025