Terms of use

SHIMADZU SOFTWARE DEVELOPMENT CANADA INC.

https://www.shimadzu.ca/

TERMS OF USE

Last Update: March 2025

Please read these Terms carefully. These Terms significantly alter your legal rights, remedies and obligations. Sections 13 and 14 in particular contain important limitations on and exclusions of our liability to you.

  1. Terms and Conditions of Use of Site
    This website https://www.shimadzu.ca/ (the "Site") is provided by Shimadzu Software Development Canada Inc. ("SSDC" or "us" or "we"), conditional on your acceptance of these terms of use (the "Terms"). By visiting or using this Site, you accept these Terms. If you do not accept these Terms, you must not use this Site. In these Terms, "we" or "us" refers to SSDC alone and never refer to the combination of you and SSDC.
  2. Your Authority
    If you are accessing and using the Site for an organization or business entity, you represent and warrant that you are an authorized representative of that organization or business entity and that you have the authority to legally bind that organization or business entity to these Terms. In these Terms “you” refers to the individual using the Site and, if applicable, to the business entity that that individual represents.
  3. Terms may Change
    SSDC may, in its sole discretion, change any part of these Terms at any time. Revised Terms are effective once posted on or accessible from the Site, except where prior notice of the change is required under applicable consumer protection legislation, in which case SSDC will provide you with at least 30 days’ notice before the amendment comes into force. Please check the Terms frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
  4. Other Agreements
    These Terms apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with SSDC. In particular, this Site has been developed separately for the Canadian operation of Shimadzu Corporation and is distinct from the Global Shimadzu Corporation site accessible at shimadzu.com (“Global Site”). The Global Site is subject to its own terms of use and privacy policy, which do not apply to or govern this Site or your access to and use of this Site.
  5. Changes to Site
    SSDC may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site. SSDC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, unless otherwise required by law.
  6. Proprietary Rights
    This Site, its organization and design, and all information, reviews, data, ideas, artwork text, graphics, messages, software, video, audio, images, or any other materials posted, or transmitted for posting, on this Site by anyone (“Site Content”) is protected by Canadian and worldwide copyright laws and treaty provisions. SSDC owns or has the right to use all Site Content. Any unauthorized copying, redistribution, or modification of any Site Content is strictly prohibited and may be a violation of trademark, copyright, or other laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Site Content.
    We own our name, logo, and all of our other trademarks and trade names appearing on the Site. Unless otherwise indicated, all other trademarks appearing on the Site are owned by third parties and are used under licence. Any unauthorized reproduction or use of any trademarks appearing on the Site is strictly prohibited.
    Except as expressly provided in these Terms, SSDC does not grant any express or implied right or licence to you to use any intellectual property of SSDC or of any other contributor of Site Content.
    You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, republish, post, transmit, display, frame in another web page, perform, distribute, modify, or create derivative works from any Site Content without our prior written approval.
    You do not acquire ownership rights to any Site Content by accessing or using the Site, and our posting of Site Content on the Site is not a waiver of any right in or to that Site Content.
  7. Permitted Uses
    You agree to only use the Site for lawful purposes and solely for your own personal or internal company use. SSDC (subject to these Terms) grants you a non-exclusive, non-transferable, non-sublicensable limited right, to access and use the Site and Site Content solely for your own non-commercial personal or internal company use.
  8. Rules
    Whenever you access or use the Site, in addition to these Terms you must comply with all: (a) applicable laws, including privacy laws; (b) acceptable-use policies and other policies that we implement with respect to the Site from time to time, as posted on or made available through the Site; and (c) other rules, policies and procedures we communicate to you from time to time.
  9. Prohibited Uses
    You will not use the Site for any purpose that is unlawful or prohibited by these Terms. In addition to, and without limiting, any other prohibitions set out in these Terms, you may not (nor will you allow or authorize others to, directly or indirectly) do any of the following when accessing or using the Site:
    1. remove or copy any Site Content, or remove any copyright or other proprietary notices contained in the Site Content; sell, reproduce, modify or attempt to modify the Site Content in any way;
    2. modify, process or translate, in whole or in part, the Site or any Site Content without our prior written consent;
    3. print or copy any of the HTML or other computer software or code that is accessible at this Site;
    4. use or interact with this Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or affiliated or linked sites connected to or accessible through this Site;
    5. upload, post or otherwise transmit on this Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs that are potentially harmful, damaging, disruptive and/or destructive;
    6. circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Site or any hardware or software used to provide the Site;
    7. use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from this Site or the Site Content, or circumvent or violate robot exclusion headers or any other means of limiting access;
    8. impersonate others, including a SSDC employee or representative, or other members or visitors to the Site;
    9. upload to distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offence, violate the rights of any party, or that may otherwise give rise to liability or violate any law;
    10. upload any commercial content or solicit others to join or become members of any other online service or other organization;
    11. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services available on or through this Site or any affiliated or linked sites.

    In addition, you agree that you are solely responsible for actions or communications undertaken, or content transmitted, uploaded or posted in the course of your use of this Site, and that you will comply with all laws that apply to your use of or activities on this Site or in respect of any Site Content. SSDC will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. SSDC reserves the right at all times to disclose any Site Content or other content transmitted by you as necessary to satisfy any law, regulation or governmental request.
  10. Links and Disclaimers of Linked Sites
    Certain links on this Site may take you to other web sites. SSDC provides these links only as a convenience, including the link to the Global Site, and any such link is not an endorsement or referral by SSDC. These linked sites are not under SSDC’s control, and we do not assume any responsibility or liability for these linked sites or their contents. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. A linked site may contain its own privacy statement governing the collection and use of your information, and SSDC is not responsible for the use of any information submitted to the linked site(s). You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked site(s).
    If you wish to provide a link to the Site from your own web site, you may only link to our home page at <www.shimadzu.ca>. You may not use any of our trademarks, icons, or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
  11. Privacy Statement
    Any of your personal information that SSDC collects via this Site is subject to SSDC's Privacy Policy accessible here. You consent to the collections, uses, and disclosures of your personal information for the purposes described in our Privacy Policy.
  12. Events Outside our Control
    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
  13. Disclaimers
    To the extent prohibited by law; the disclaimers of warranty below do not apply to Quebec consumers. The disclaimers of warranty below otherwise apply to the fullest extent permitted by applicable law. Applicable law in other jurisdictions may not allow limitations or exclusions on warranties, so the limitations set out below may not apply to you.
    Except as expressly set out in these terms, this site and the site content are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.
    SSDC does not make any, and expressly disclaim all, representations, warranties, covenants and conditions, whether express or implied, by operation of law or otherwise, including any implied warranties and conditions of merchantability, merchantable quality, fitness for any particular purpose, availability, functionality, non-infringement, and any implied representations or warranties arising out of course of performance, course of dealing and usage of trade. for greater certainty, SSDC does not warrant that this site will continue to operate without interruptions or be error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components.
    The information and content contained on the site are prepared by SSDC and are believed to be accurate but are provided for informational purposes only. SSDC does not warrant or make any representations regarding the use or the results of the use of any content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
    You acknowledge that your access to and use of the site and the site content will not be free of interruptions, that the site and the content may contain bugs, errors, inaccuracies or other limitations, and that the site may be unavailable from time to time. you assume total responsibility and risk for your access to and use of the site and the site content.
  14. Limitation of Liability
    To the extent prohibited by law; the limitations of liability below do not apply to Quebec consumers. the limitations of liability below otherwise apply to the fullest extent permitted by applicable law. Applicable law in other jurisdictions may not allow limitations or exclusions on warranties, so the limitations set out below may not apply to you.
    You agree that in no event will SSDC or any of its affiliates have any responsibility or liability in connection with this site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including, without limitation, with respect to any direct, indirect, special, punitive, exemplary or consequential damages or other damages (including, without limitation, any damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this site, any site content or any linked website, or failure of such websites (including ‎any damages suffered as a result of omissions or inaccuracies in such websites, materials or content, or the transmission of confidential or sensitive information to or from such websites) even if SSDC or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
  15. Indemnity
    You agree to defend, indemnify and hold harmless each of SSDC, its affiliates, and each of their officers, directors, mandataries, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, losses, expenses, damages and costs (including without limitation reasonable legal and accounting fees) resulting or arising directly or indirectly from any violation of these Terms or any activity of yours related to the Site or Site Content.
  16. Choice of law
    This Site is controlled, operated and administered by SSDC from its offices within the Province of Quebec, Canada. SSDC makes no representation or warranty that this Site is appropriate or available for use at any locations inside or outside Canada and accessing such Site Content from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. by accessing this site, you agree that all matters relating to the access to, or use of, this site shall be governed by the laws of the province of Quebec and the federal laws of Canada applicable therein, without reference to its conflict of law principles, and that you will comply with all such applicable laws.
  17. General
    Entire Agreement. The Terms constitute the entire agreement between SSDC and you with respect to their subject matter, and supersede all communications, representations or agreements between SSDC or its affiliates and you with respect to that subject matter. Severability. If, for any reason, a court of competent jurisdiction finds any provision of the Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will continue in full force and effect. Waiver. No waiver of any provision in these Terms will be valid unless in writing and signed by an authorized representative of both you and SSDC. SSDC’s failure to insist upon or enforce strict performance of any provision of these Terms or any right will not be construed as a waiver of any such provision or right. Amendment. No changes to the Terms will be made except by a revised posting on this page. Parties Bound. The Terms bind and benefit each party and its lawful successors, permitted assigns, trustees, administrators, heirs, and personal representative. The Terms ensure to the benefit of SSDC and its affiliates. Any references in the Terms to SSDC and its affiliates shall, where the context so permits, include SSDC's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, mandataries, employees, contractors and agents. Headings. The headings contained herein are for convenience only and will have no legal or interpretive effect. Additional Terms. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third-party software on or through a link provided on the Site. Assignment. SSDC may assign its rights and duties under these Terms to any party at any time without notice to you. You may not assign your rights and duties under these Terms to any party at any time.
  18. Questions
    Should you have any questions regarding the Terms, you may contact SSDC by using the contact information listed below:
    1600 Montgolfier St, suite 201
    Laval, Qc, Canada
    H7T 0A2
    Tel: + 1 (450) 681-5665
    Fax: + 1 (450) 681-0066
    Email: info@shimadzu.ca