Atrium Innovations Terms and Conditions
By accessing this website you agree to be bound by the following terms and conditions (“terms”). Please read them carefully. If you do not agree to be bound by these terms you should not access or view this website.
- Information on this web site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider.
- The aim of this web site is to assist practitioners in building more effective and successful patient treatment strategies. The web site is to be used as an adjunct to Atrium Innovations Continuing Education and is not intended to be utilized as a diagnostic tool nor replace any other required education. The remedies indicated in this reference guide are potent medicines that can have profound therapeutic effects on patients. As with any intervention, the dosage may need to be adjusted for those with chronic conditions, very sensitive individuals and those taking multiple medications. Practitioners are solely responsible for the care and treatment provided to their own patients.
- Atrium Innovations International, a division of Atrium Innovations Inc., and Atrium Innovations USA, Inc., including its affiliates (“Atrium Innovations”), makes reasonable efforts to ensure that the information on this website is accurate, however there may be inaccuracies and occasional errors for which Atrium Innovations apologizes. The products advertised on this site may not be available in your area and Atrium Innovations cannot guarantee the availability of these products.
- Statements on this website have not been evaluated by Health Canada or the U.S. Food and Drug Administration or by any other similar governmental authority in any other jurisdiction. The Products referred to in this site are not intended to diagnose, treat, cure or prevent any disease.
- This website is Atrium Innovations’s official website. No other website which would claim to represent Atrium Innovations is authorized by Atrium Innovations, and in no event can Atrium Innovations be held liable in any way of any such website or its contents.
- This website and all of the information it contains are provided “as is” and Atrium Innovations makes no representations or warranties about the information provided through this website, including any hypertext links to any third party website or other items used either directly or indirectly from this website. Moreover, nothing contained in this website may be interpreted to be a representation, warranty or a medical, legal, fiscal, accounting or investment advice from Atrium Innovations. You expressly acknowledge and agree that Atrium Innovations, its officers, directors, employees and agents cannot in any way be prosecuted for damages or injuries incurred by you as a result from using this web site. You accept to indemnify and hold harmless Atrium Innovations, its officers, directors, employees and agents for any wrongful use of this website by you and for any breach of these terms.
- Atrium Innovations reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this website and to restrict or prohibit access to it.
- If you are in breach of these terms, Atrium Innovations may, at its sole option, suspend or block your access to this website and refuse to provide you with any further access to it.
- These terms may be amended by Atrium Innovations from time to time.
- This website is controlled and operated by Atrium Innovations. Your use of this website and downloads from it, and the operation of these terms, shall be governed by and construed in accordance with the laws of the province of Quebec, Canada and the federal laws of Canada applicable therein. The courts of the judicial district of Quebec, province of Quebec, Canada shall have sole and exclusive jurisdiction over any dispute arising out of your use of this website.
- In the event that any terms or any part of the terms contained herein shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Canada Minimum Advertised Price Policy
Effective August 21, 2017
Effective August 21, 2017
Atrium Innovations Inc. (“Atrium”) has determined that advertising its professional branded Products at a price below levels that Atrium deems sufficient to support a high level of service discourages the commitment and investment of our customers in the brand and undermines Atriums’ trade reputation, brand, and image within the target consumer population. To this end, Atrium has adopted this Minimum Advertised Price (“MAP”) Policy (the “Policy”), which applies to all authorized sellers of its Douglas Laboratories®, Pure Encapsulations®, Klean Athlete®, Genestra Brands®, Pharmax®, Wobenzym® and Unda branded products (“Products”) in Canada (hereinafter “Resellers”).
The MAP will be established solely by Atrium or its subsidiaries and communicated to Resellers of Products through a MAP Price List. If Atrium changes the MAP on any Product, it will provide at least 30 days’ notice to Resellers before such change takes effect.
This Policy does not constitute an agreement between any Reseller or other party and Atrium. Each Reseller must independently choose whether to comply with the terms of this Policy. Atrium neither solicits nor will it accept any assurance of compliance with this Policy from any Reseller or other party. This Policy is not negotiable and will not be altered for any individual Reseller.
It is a violation of this Policy for a Reseller to advertise any Product(s) at a price lower than the published MAP. Although Atrium is not directing any Reseller to require that its customers comply with this Policy, a violation of this Policy by any such third party will constitute a violation by the Reseller.
This Policy applies to all advertisements of Products in any and all media as well as any advertising within brick and mortar and other selling venues. An “advertisement” includes any and all promotional or pricing information displayed via any type of media including, but not limited to, all website pages and banners, social media, emails, blogs, newspapers, catalogs, magazines, flyers, brochures, television, radio ads, billboards, electronic coupons, coupon codes, and any other marketing or promotional materials.
Direct or indirect attempts to circumvent this Policy will be considered a violation of this Policy. Such attempts may include, but are not limited to:
- Coupons, discounts, rebate offers, or other inducements that advertise a price lower than the MAP;
- The advertising of any volume discount or other promotion that would cause the per unit sales price to be advertised at less than the MAP;
- Bundling Products with other products or services when such bundling has the effect of reducing the advertised price of the Product below the MAP;
- Statements or other indications on a website or in other promotional materials that indicate or imply that a lower price may be found at the online checkout stage, including but not limited to, “See Price in Cart,” “Add to Cart to See Price” or other similar features; and
- Any other Reseller-initiated communication or form of advertisement that has the effect of advertising a price below the MAP, such as a price-off coupon, storewide sale, promotional code or other similar items that can be applied to Products or from which Products are not excluded.
It is not a violation of this Policy to advertise that a customer may “call for price” or “email for price” or use similar language as long as no price is listed. Use of phrases that advertise “the lowest prices,” “will match or beat competitor’s prices,” or similar phrases also do not violate this Policy so long as the Reseller does not include any advertised price below the MAP.
Atrium reserves the right to impose penalties if in its sole discretion it believes that:
- A Reseller has violated the provisions of this Policy; or
- A Reseller has engaged in any activity that Atrium determines, in its sole discretion, is designed or intended to circumvent the intent of this Policy.
Specifically, Atrium will take the following actions, which apply to all Resellers, should a Reseller fail to comply with the Policy:
- For a Reseller’s first violation of the Policy, Atrium will issue a warning notifying the Reseller of the noncompliance.
- For a Reseller’s second violation of the Policy, Atrium will place the account on shipping hold for 30 days.
- For a Reseller’s third violation of the Policy, Atrium will terminate its business relationship with the Reseller.
Moreover, Atrium maintains an agreement with one exclusive Amazon.ca retailer. Therefore, Products may not be advertised or sold on Amazon.ca and any of its affiliates by anyone except for this retailer. Resellers who violate this exclusive agreement may be subject to immediate and permanent suspension of purchasing privileges.
No Atrium employee or agent is authorized to modify, interpret, or grant exceptions to this Policy with any Reseller. No person has the authorization to modify this Policy or to solicit or obtain agreement of any person to this Policy, and any such modification or agreement is invalid. Any questions about this Policy should be submitted in writing and directed to Atriums’ MAP liaison at email@example.com.
The Policy will be enforced by Atrium or its divisions in their sole discretion and without notice. Resellers have no right to enforce the Policy. Violations of this Policy may result in the aforementioned sanctions up to and including termination of our business relationship.
This Policy may be updated, revised, suspended, terminated, reinstituted, or modified at any time by Atrium in its sole discretion. Atrium shall make any such modifications available to all authorized Resellers.