By using the website SophieMaffolini.com and, where the context permits, any derivative thereof, including social media such as Facebook, Instagram, Pinterest and Twitter, you agree to abide by the terms and conditions of use and navigation defined below.
1 – The website SophieMaffolini.com does not provide medical consultation or advice nor create a physician-patient relationship.
1.1. Do NOT use the website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the website.
1.2. SophieMaffolini.com is a personal initiative. The opinions expressed are personal and not professional and are not linked to the duties of the Royal College of Physicians and Surgeons of Canada, the Quebec Medical Association, the Canadian Medical Association or any other organization related to medical activities.
Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
The presentation of general information on the website does not establish a physician-patient relationship between you and SophieMaffolini.com (or any of its physicians) and is not intended as a solicitation of individuals to become patients of its physicians). This section does not apply to the extent that you are using the website to communicate with a physician with whom you have an existing physician-patient relationship.
Consequently, the information shared on the SophieMaffolini.com website is neither directly nor indirectly a professional medical consultation, medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore nor can they be interpreted as promoting or endorsing medicines, brand of products (natural or not) services, procedures, or other information that appears or that may be advertised on the website.
The information on the SophieMaffolini.com website is intended to improve and contribute to the prevention of disease among users of the website, and not to replace medical methods traditionally recognized by the Royal College of Physicians and Surgeons of Canada. Under no circumstances may the information and services offered be substitutes for professional advice, consultation, diagnosis or treatment,
1.3. You should not use the information available on the SophieMaffolini.com website for diagnostic or treatment purposes, including taking and/or stopping medication without first consulting a general practitioner or specialist, ideally your own.
1.4. You acknowledge through the use of this website that the information you read is neither complete nor exhaustive, and that it does not address the complete symptoms, medications or treatments specific to each pathology or any daily ailment that interests you.
1.5. SophieMaffolini.com cannot and wish not guarantee in any way any result in connection with the use of the information and services offered.
1.6. Consequently, you acknowledge that your visit to the SophieMaffolini.com website and the use of the information contained therein will be under your sole responsibility and control, and you, therefore, undertake not to hold SophieMaffolini.com liable in any way or matter related to such use.
2.3. The Personal Information collected about you through the registration of the SophieMaffolini.com newsletter is confidential.
2.4. SophieMaffolini.com is a website that allows you to connect to other users and share information. To do so, we must collect Personal Information about you. The sections that follow describe the Personal Information that you authorize us to collect by our website as well as their intended use.
2.5. Your Personal Information is collected through forms and your interactivity with our website.
2.6. We collect this information from the following forms:
a. Website Registration Form;
b. Profile Management Form;
c. Order form;
d. Opinion polls.
2.7. SophieMaffolini.com otherwise guarantees the confidentiality of the Personal Information collected (e.g. names, email addresses and passwords) when you register for our services (e.g. discussion forums, blogs, photo albums, webmail, medical applications, classifieds, directories and online surveys). No information will be voluntarily transferred to or shared with third parties.
2.8. Your Information is also collected from:
a. Interactives services (including forum, comments or Discussion Area);
2.9. The information thus collected will serve the following purposes:
c. Website Management (e.g. presentation and organisation).
2.10. SophieMaffolini.com cannot guarantee the confidentiality or the deletion of any Personal Information that a user posts in public interactive services (blogs, chats or private messages).
2.11. SophieMaffolini.com is not responsible for any spam suffered by forum users whose email addresses are posted online.
2.12. Non-personal statistics (e.g. count of visitors and number of pages visited) are analyzed by analytical tools such as Google Analytics for user behaviours of the SophieMaffolini.com website in order to improve its content and to inform promotional or institutional advertisers.
2.13. We also collect certain information via analytical tools through log files and cookies. They may be mainly the following information:
a. IP Address;
b. Operating System;
c. Page visited and requested;
d. Connection Timestamp.
2.13 The use of such files allows us to:
a. Improve our service and provide a personalized welcome;
b. Update your custom consumption profile;
c. Compile statistics.
2.15. The cookies attached to the links of the newsletter are not designated and indicate only the number of clicks of each user.
2.16. The external cookies linked to the advertisements make it possible to condition advertising campaigns to order to avoid excessive repetition on the SophieMaffolini.com website.
2.17. User data can be used for the organization of game contests.
2.18. The information collected and absolutely necessary for the use of our website are the following:
a. Last name;
b. First name;
d. Postal code;
e. Email address;
f. Telephone number;
h. Age or Date of Birth.
2.19. If transmitted through one of our forms or through interactivity, we will also collect the following information:
a. Origins (e.g. social and ethnic);
b. Education / Training;
d. Revenue / Financial resources;
e. Preferences (e.g. musical, literary and cinematographic);
f. Physical Description;
g. Family situation.
2.20. We undertake not to sell the Personal Information collected. However, we may share this information with third parties when required by law.
2.21. If you do not want your Personal Information to be disclosed to third parties, you may oppose it at the time of collection or at any time thereafter, as discussed in the next section.
2.22. We undertake to comply with the legislative provisions set out in the Act respecting the Protection of Personal Information in the Private Sector (CQLR c P-39.1)
3 – Compliance with laws and regulations
3.1. The use and navigation on the website SophieMaffolini.com must be in compliance with the applicable laws and regulations in the province of Quebec, in Canada and worldwide, if applicable.
3.2. You are informed that all applicable laws and regulations are enforced on the Internet. As such, when you use the services offered on the website SophieMaffolini.com and when you browse the website SophieMaffolini.com, it is your responsibility to respect these laws and regulations, including:
a. All rules concerning copyright and industrial property such as multimedia creations, software, texts, articles, photos, registered and unregistered trademarks, database or images of any kind.
b. The rules related to automated data processing.
c. The rules of public order, such as rules in relation with pornographic, racist or unlawful content shared through provocative messages, texts or images that could undermine the integrity or sensitivity of another user or the image of SophieMaffolini.com
d. The rules respecting the privacy of Internet users connected to the website SophieMaffolini.com or third parties. As such, you undertake to refrain from share, within the interactive services offered to you, messages that are offensive, insulting, disparaging, degrading or unrelated to the issues addressed.
e. Regulation regarding press law. As such, it is your responsibility to refrain from defaming or insulting any connected users or third parties.
f. Regulation related to computer fraud. As such, you must refrain from attempting an intrusion into an automated data processing system or altering, in whole or in parts content. You are informed that such behaviours are subject to criminal penalties.
3.3. More specifically, SophieMaffolini.com reserves the right to remove immediately and without prior notice any content of any kind whatsoever, including any message, photograph or graphic that does no follow applicable laws and regulations and particularly regulations described above.
3.4. Sophie Sunshine Meditation Inc., owner of SophieMaffolini.com, and, in some cases, its partners, own all the intellectual property rights relating to the content of the website SophieMaffolini.com. As such, any credits concerning the rights of the written content, images or videos cannot be removed or obscured, and any unauthorized reproductions, in whole or in part, would constitute acts of counterfeiting.
More specifically, the content is protected by copyright law and is owned by SophieMaffolini.com and its licensors, or the party accredited as the provider of the content. Except as granted in the limited licence herein, any use of the content, including modification, transmission, presentation, distribution, republication, or other exploitation of the website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of SophieMaffolini.com.
3.5. Subject to the terms and conditions of this agreement, you are hereby granted a limited, non-transferable, and nonexclusive licence to access, view, and use the website and the content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the content online, except through social media. You must also abide by any additional requirements governing the use of any specific content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific content and this agreement, the terms of the specific licence shall govern.
4 – Interactive Services offered on SophieMaffolini.com
4.1. All the present GTU provisions apply to the use of the website SophieMaffolini.com and, where the context permits, any derivative, including social media such as Facebook, Instagram, Pinterest and Twitter.
4.2. The website may provide features which allow you to post messages and content to designated areas on the website, to participate in chat groups, to interact with SophieMaffolini.com and other users and to upload files, documents, or other materials (“publication(s)”). publications do not include communications between you and your physician pursuant to the physician-patient relationship. SophieMaffolini.com does not control the content of any publications and has no obligation to monitor the publications. However, SophieMaffolini.com reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any publication, in whole or in part, that, in SophieMaffolini.com’s sole discretion, are objectionable or in violation of this agreement. You acknowledge that you alone are responsible for the content of your publications and the consequences thereof.
4.3. Accordingly, be respectful of all legal and regulatory provisions in effect, particularly those described above.
4.4. As such, you are solely responsible for any information, message, image and in general any content that you share via interactive services such as chat and forum.
4.5. You agree that SophieMaffolini.com takes the initiative, without prior notice, to remove – in whole or in part – any content shared by you or that is addressed to you via interactive services, if this content is likely to infringe laws and regulations or morality. When deemed necessary, SophieMaffolini.com will ban any user who does not comply with these GTU.
4.6. You acknowledge that you are solely responsible for the use that may be made of the content, of whatever nature, that you share, and that SophieMaffolini.com does not endorse nor guarantee the accuracy, legality, quality or reliability of content of any kind whatsoever, shared via the interactive services offered on the website.
4.7. You are solely responsible for the contacts made via the interactive services of the website SophieMaffolini.com.
4.8. SophieMaffolini.com bears no responsibility for the quality and the legal conformity of the content, whatever it may be (texts, sounds, videos, graphics, photos or other) produced freely by the users.
4.9. SophieMaffolini.com may, in accordance with its legal obligations, delete said content after a third party has claimed its unlawful nature.
4.10. SophieMaffolini.com may communicate, in accordance with its legal obligations and following any judicial authority formal request, any element that leads to the identification of those who contributed to this content.
4.11. SophieMaffolini.com‘s forums are open to any subscriber. Everyone is free to participate to its content. We chose to moderate them afterwards so they can be livelier. Messages posted are immediately visible online. This implies on the part of users the compliance of certain basic rules set out below.
4.12. By posting or uploading publications to the Website, you grant SophieMaffolini.com a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such publications for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your publication in favour of SophieMaffolini.com; (ii) consent to your name, address, and e-mail appearing as the contributor of your publication, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your publication; (iii) acknowledge and agree that the Owner is not responsible for any loss, damage, or corruption that may occur to your publication; and (iv) acknowledge and agree that your publication will be non-confidential.
5 – Hyperlinks published on SophieMaffolini.com
5.1. SophieMaffolini.com contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by SophieMaffolini.com of any third-party Website or the content thereof. Unless expressly stated, SophieMaffolini.com does not operate any third-party Website linked to the Website.
5.2. SophieMaffolini.com is in no way responsible for the content, information, products and services offered on websites that are hyperlinked from SophieMaffolini.com nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
5.3. While SophieMaffolini.com encourages links to the website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of SophieMaffolini.com; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. SophieMaffolini.com reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the website upon the request of SophieMaffolini.com.
5.4. SophieMaffolini.com cannot and will not be held liable for any direct or indirect damage of any kind, including any business disruption, loss of customers, legal action, loss of brand image or loss of profit. No judicial, administrative or any recourse to remedy shall be initiated in relation with the products and services sold by affiliated partners nor with payments made on these websites.
6 – Password Management
6.1. You are responsible for safekeeping the access and implementation of restricted services passwords assigned to you in relation with SophieMaffolini.com.
6.2. It is up to you to implement the precautionary and security measures necessary for the protection of your password and your login.
6.3. In case of loss or theft of your password and/or your login, or if you become aware of an unauthorized use of your password or login by a third party, you must contact us immediately.
6.4. In this situation, you may:
a. Either request a password or login replacement if there is a risk that they have been used by a third party;
b. Or request a password and login restoration. In this case, only the highest decision making officer of SophieMaffolini.com is empowered to restore your passwords and login to you, in the course of a secured procedure following your request.
6.5. You are also informed that if for a period of three years you do not use the services offered to you by SophieMaffolini.com as your subscription to the SophieMaffolini.com website, you agree that your subscription, as well as your passwords and login will be deleted.
6.6. SophieMaffolini.com will not be held responsible for any fraudulent use of your password and your login stolen by a third party.
7 – Principles of moderation
a. A moderator can moderate the SophieMaffolini.com discussion forums subsequently.
b. Moderators monitor and organize discussions. Their role is not to censor but to verify that the comments made on the discussion forums remain courteous, respectful and above all in conformity with the laws in force. It is strictly forbidden to:
i. Pornographic nature messages.
ii. Racist, xenophobic, revisionist messages that encouraging war crime, or hatred.
iii. Messages of insulting, violent, threatening nature, with content that offends or undermines human dignity.
iv. Defamatory messages.
v. Messages infringing copyright, right of personal image, reputation or privacy.
vi. Messages contrary to the applicable laws in Québec, Canada and worldwide, if applicable.
vii. Any request for assistance in relation with hacking as well as messages detailing a hacking procedure.
viii. Messages intended to harm the forum such as flooding or messages generating a negative or unwanted spirit.
ix. Messages that are unintelligible, off topics or posted in several discussions at once.
x. Messages containing addresses, email addresses or phone numbers.
xi. Sponsorship links (except on dedicated forums/topics).
xii. Advertising, whether commercial or not (outside dedicated forums/topics).
c. This list is not exhaustive. SophieMaffolini.com reserves the right to remove messages that do not fall into any of these categories.
d. The sanctions imposed against a user may vary depending on:
i. The severity of the statement;
ii. The frequency of the offences.
e. Users who are affected, surprised or shocked by certain messages posted on the discussion forums can contact us directly at the following address: email@example.com
8 – Use tips
a. Our interactive services create spaces for discussions, exchanges and mutual assistance. Users must remain polite and respectful to others. On a healthcare forum, no topic is taboo and many are difficult to bring up. We participate in discussions without prejudice or insults and we use proper speech.
b. When initiating a discussion, it is important to post it in the appropriate topic. Thus, avoiding being off-topic, you will have better chance of getting answers.
c. It is useless (and prohibited, with penalty of deletion) to publish the same message several times in different discussions.
d. We advise discussion forum users to be prudent when deciding to post their email addresses.
e. If you post medical and/or scientific allegations on the discussion forums, it is mandatory that they be verified prior publication and be truthful and accurate. Every user is invited to cite, when available, sources and evidence (references, links, scientific paper, medical or general press, etc.) of the medical and/or scientific information shared if they do not come from their personal experiences.
f. We remind you that any message can be read and used by all and be taken up and quoted in other messages.
g. Discussions held in the forums are archived.
8.2. An editing physician of SophieMaffolini.com may be asked by moderators to verify messages. However, he does not intervene directly in the discussions and will not respond to any request for medical information, to establish a physician-patient relationship, book or cancel an appointment, or any inquiries regarding fees, services or similar matters. Any physician reserves his rights not to answer such request and to delete, without reading them, any communication on these matter. We reiterate that in no circumstances the information posted through interactive services is to replace a consultation, a visit or a diagnosis made by a doctor.
8.3. Users are solely responsible for the information, messages, images and in general any content they share via the interactive services.
8.4. SophieMaffolini.com may take the initiative, without prior notice, to remove, in whole or in part, any content posted on the interactive services, if this content is likely to infringe the applicable laws and regulations in Québec, Canada or worldwide, if applicable, as well as morality.
8.5. In case of repetitive and abusive behaviour, SophieMaffolini.com reserves the right to file a complaint and will make available to justice the IP addresses of the users in question.
9 – Security
9.1. You acknowledge that, notwithstanding all the means implemented by SophieMaffolini.com, the Internet has specific technical features, which makes it impossible for SophieMaffolini.com to guarantee the absolute continuity of access to services and response time, as well as the secured transmission of data.
9.2. In any case, you acknowledge that the information and services offered on the website SophieMaffolini.com:
a. May be interrupted in case of superior force or beyond the control of SophieMaffolini.com or matters outside the responsibility of SophieMaffolini.com.
b. May contain technical or human errors.
c. May result in data loss.
10 – No Guarantee
10.1. The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While SophieMaffolini.com endeavours to provide information that is correct, accurate, current, and timely, SophieMaffolini.com makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the content contained in or made available through the website or any item(s) made available on or through the website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted.
10.2. In general, SophieMaffolini.com makes every effort to provide Internet users quality content but SophieMaffolini.com does not guarantee the completeness, exhaustiveness or accuracy of the content shared on the website SophieMaffolini.com.
10.3. In no event shall the SophieMaffolini.com, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.
SophieMaffolini.com also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the website, or any advertiser or sponsor of the website (“third party”). Under no circumstances shall SophieMaffolini.com, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if SophieMaffolini.com knew of or ought to have known of the possibility of such damages.
10.4. You are committed to respect all the applicable laws and regulations, especially those referred to in these general conditions. You also acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
11 – Indemnity
11.1. You agree to indemnify, defend, and hold harmless SophieMaffolini.com and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
12 – General Provisions
12.1. SophieMaffolini.com reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the website (or any part thereof ) with or without notice to you. SophieMaffolini.com shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the website or any part thereof.
12.2. SophieMaffolini.com reserves the right to modify the provisions of these general conditions. By continuing to use and navigate the website SophieMaffolini.com, you accept the modifications that may occur.
12.3. The present general conditions express the full undertakings of the parties. No general or specific conditions contained in other documents can be considered as part of the rights or obligations between SophieMaffolini.com and its users.
12.4. If one or more of the provisions of these general conditions are invalidated for any reason whatsoever the other provisions will retain their full force and scope.
12.5. Any consent by SophieMaffolini.com to, or waiver of, a breach of this agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
12.6. Use of this website is unauthorized in any jurisdiction where the website or any of the content may violate any laws or regulations. You agree not to access or use the website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this agreement) is entirely at your own risk.
12.7. SophieMaffolini.com may, in its sole discretion, cancel or terminate your right to use the website, or any part of the website, at any time without notice. In the event of termination, you are no longer authorized to access the website, or the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in this agreement shall survive termination of this agreement. SophieMaffolini.com shall not be liable to any party for such termination.
12.8. You acknowledge and agree that the website, and its contents, are intended only for residents of Canada. Therefore, the laws applicable in the province of Quebec, Canada, govern these general conditions both for the legal and technical rules, without regard to conflict of laws principles. Any dispute shall reside in the city of Montreal, the province of Quebec, Canada.
12.9. This is the entire Agreement between you and SophieMaffolini.com relating to your access and use of the website.