Terms of use of this site.

These terms of use govern your access to and use of the FixNip Canada website at fixnip.ca, including its professional area, and of the e-mails sent from it (together, the "site"). The site is published by MedTechInvest Canada Corp. ("MedTechInvest Canada", "we", "us") on behalf of the manufacturer FixNip Ltd., see the legal notice.

By using the site you accept these terms. If you do not accept them, please do not use the site. Our privacy policy explains how we handle personal information; it is not part of these terms. Orders placed through the professional area are governed by the Professional order terms, which apply in addition to these terms; if they conflict, the Professional order terms prevail for the order.

The site is intended for adults (18 years of age or older) residing in Canada. Its content is written for the Canadian regulatory context and may not be accurate, lawful or appropriate elsewhere. If you use it from outside Canada, you do so on your own initiative and are responsible for complying with your local laws.

The content of the site is general information about nipple reconstruction and about FixNip NRI. It is not medical advice, diagnosis or treatment, and it does not replace a consultation with a qualified healthcare professional who knows your situation. Using the site, contacting us or finding a surgeon through the site does not create any relationship between you and a physician, and does not create a physician-patient relationship with us.

Always ask your surgeon or physician about any question regarding your health or a medical procedure. Do not ignore professional medical advice or delay seeking it because of something you read on this site. In a medical emergency, call 911 or go to the nearest emergency department.

Whether FixNip NRI is an option for you can only be decided by your surgeon after an examination. Every procedure carries risks, and results vary from person to person. Please also read our medical and regulatory notice.

Nothing on the site is an offer to sell FixNip NRI to the public or an invitation to buy it, and nothing on the site is a representation about its licensing status other than the statement in our medical and regulatory notice. FixNip NRI is a medical device licensed by Health Canada (Medical Device Licence No. 116189) and is supplied only to qualified physicians. Professional orders can only be placed by verified physicians through the professional area and are governed by the Professional order terms and the order confirmation of MedTechInvest Canada.

We take care that the content is accurate and reviewed on the date it is published, and we update it as evidence and regulatory status evolve. However, medical knowledge and regulation change, and the content may contain errors or omissions or may not be current when you read it. To the extent permitted by law, we do not warrant that the content is accurate, complete or current, and we may change, add to or remove any content or function of the site at any time without notice.

The surgeon locator, the list of FixNip Centers and the tattoo directory are provided for convenience. Entries are based on information provided by the listed professionals, who have agreed to be listed. We check training status when an entry is added and update the lists regularly, but we do not verify every detail continuously.

An entry is not a recommendation, referral, endorsement or guarantee of the qualifications, availability, fees or services of the professional. Listed professionals are independent, are solely responsible for their services and their advice, and are not our agents or employees. We are not a party to any relationship between you and a listed professional. Please confirm details directly with the practice or studio. Listing does not mean that the professional endorses FixNip NRI or any product; listed physicians remain bound by the advertising rules of their college, and the locator is open on equal terms to every physician who has completed the training.

You may use the site only for lawful purposes and in accordance with these terms. In particular, you may not:

• use the site in a way that breaks any law, infringes the rights of others or is fraudulent, misleading or harmful;
• provide false information in a form, register for someone else or impersonate a person, a physician or an organization;
• copy, extract or collect content or data from the site by automated means (robots, scrapers, crawlers), including the contact details of listed professionals, except for search engines indexing public pages in accordance with our robots file;
• use content of the site to train, fine-tune or test artificial intelligence or machine learning systems, or for text and data mining, without our prior written permission;
• use the contact details of listed professionals to send unsolicited commercial messages;
• try to access areas, accounts or data you are not authorized to access, test the vulnerability of the site without our written permission, or bypass any security or access control;
• interfere with the operation of the site, overload it, or introduce viruses or other harmful code;
• frame or mirror the site, or reproduce it under another address;
• use the site in a way that could suggest that we endorse you, your products or your services.

The professional area (surgeon portal, online ordering and FixNip Academy) is reserved for physicians who hold a valid licence from a Canadian provincial or territorial college and whose status we have verified. By registering, you confirm that the information you provide is accurate and complete and that you will keep it up to date.

• Your access is personal. You must keep your sign-in codes confidential, not share your access with anyone, and tell us immediately of any unauthorized use. You are responsible for all activity under your account, unless it results from our fault.
• The FixNip Academy and all professional content are confidential and provided solely for your own professional training. You may not record, download, copy, distribute or show them to others without our written permission.
• Professional content does not replace the instructions for use supplied with the device, which prevail in case of any difference. The instructions for use are supplied in English; a French version is available on request from MedTechInvest Canada.
• You remain solely responsible for your clinical judgement, patient selection, informed consent, the procedure and follow-up care, and for complying with the laws and regulations that apply to you, including the conditions of any Health Canada authorization.
• You will not make statements about FixNip NRI to patients or the public that are inconsistent with its regulatory status or its instructions for use, you will not present it as approved by Health Canada, and you will not use the site, its materials or its directories to promote any use outside the licensed indications (off-label use).
• If you ask to be listed in the surgeon locator, you confirm that the information in your entry is factual, accurate and verifiable, that you have checked the entry against the advertising rules of your college (for example O. Reg. 114/94 under the Medicine Act, 1991 in Ontario, or the Code de déontologie des médecins in Quebec), and that you will tell us at once of any change. Your entry states your name, specialist title, practice address, languages and whether you accept new patients; it does not contain testimonials, comparative statements or endorsements of any product. You may withdraw or change your entry in the portal at any time, and we remove it within five business days of a request. Your entry is visible to you in the portal and in the public locator at any time; keep a copy where your college requires it.
• When an order contains a patient identifier, you confirm that (a) the patient has consented to the transmission of the identifier to MedTechInvest Canada and FixNip Ltd. for order processing and traceability, including its storage outside the province and in Israel, (b) you transmit only initials or a code, never a name, date of birth or health number, and (c) you keep the link between the code and the patient in your own records.
• Orders are subject to acceptance by MedTechInvest Canada and are governed by the Professional order terms and its order confirmation.
• You may close your professional account at any time by writing to info@fixnip.ca from the e-mail address of the account. We confirm the closure within 10 business days, delete the sign-in data and remove your entry from the directories. Records of your certification and of any order remain for the periods stated in our privacy policy, as the Medical Devices Regulations and tax law require; they are then deleted.
• We may refuse, suspend or close access to the professional area at any time if your licence status cannot be confirmed or changes, if you breach these terms, or to protect patients, other users or the site. Where possible, we tell you the reason.

The site and its content (texts, images, videos, graphics, 3D models, animations, layout, software and databases) are protected by copyright, trademark and other intellectual property laws and belong to MedTechInvest Canada, to FixNip Ltd. or to their licensors. FixNip, FixNip NRI and the associated logos are trademarks of FixNip Ltd. Other names and logos belong to their respective owners.

You may view the site and print or download individual pages for your personal, non-commercial information, provided you keep all copyright and trademark notices and do not modify the content. Any other use, including reproduction, distribution, public display, adaptation or commercial use, requires our prior written permission. No licence or right is granted except as expressly stated in these terms.

You confirm that the information you send us through the site is accurate and that you are entitled to send it. Please do not send us medical records or confidential information of third parties, except where an order form of the professional area expressly asks for it. If you send us ideas, suggestions or feedback, you allow us to use them freely and without compensation; this does not affect your personal information, which remains governed by our privacy policy.

The site contains links to websites and services of third parties, for example patient organizations, medical colleges, authorities and map providers. We do not control them and are not responsible for their content, availability, security or privacy practices. A link does not mean that we endorse the site or its operator. Your use of those websites is governed by their own terms.

We aim to keep the site available at all times but do not guarantee that it will be uninterrupted, free of errors or free of harmful components. We may suspend or restrict the site, in whole or in part, for maintenance, security, legal or technical reasons, or discontinue it.

Residents of Quebec: this section is inapplicable to consumers in Quebec to the extent it excludes a warranty that the Consumer Protection Act does not allow to be excluded (see section 15). To the maximum extent permitted by applicable law, the site and its content are provided "as is" and "as available", without any warranty or condition of any kind, whether express, implied or statutory, including warranties or conditions of merchantable quality, fitness for a particular purpose, accuracy, completeness, availability, non-infringement or security. This section does not limit any warranty that applicable consumer protection law does not allow to be excluded.

Residents of Quebec: this section is inapplicable to consumers in Quebec to the extent it limits our liability for our own acts or those of our representatives (see section 15). To the maximum extent permitted by applicable law, and subject to section 15:

• MedTechInvest Canada, FixNip Ltd. and their affiliates, directors, officers, employees, agents and service providers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the site, even if they were advised of the possibility of such damages;
• they are not liable for any loss or damage resulting from decisions or actions taken on the basis of the content of the site without consulting a qualified healthcare professional, from the services of listed professionals, from the content of linked websites, from the interruption or unavailability of the site, or from unauthorized access to data despite the reasonable security measures we apply;
• because access to the site is free of charge, their total liability for material injury that is not caused intentionally or through gross fault is limited, for all claims arising out of or in connection with the site and these terms, to one hundred Canadian dollars (CAD 100); this cap does not apply to consumers residing in Quebec.

These limitations apply whatever the legal basis of the claim, whether contract, extra-contractual liability, tort, negligence, strict liability or otherwise. They do not apply to the sale of products, which is governed by the Professional order terms.

Nothing in these terms excludes or limits our liability for death or bodily injury caused by our fault, for moral injury, for material injury caused intentionally or through gross fault, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot be excluded or limited by law. Nothing in these terms limits the rights that you have as a consumer under the mandatory law of your province of residence.

If you reside in Quebec: sections 13, 14 and 16 apply only to the extent permitted by the Civil Code of Québec and the Consumer Protection Act. In particular, we do not exclude or limit our liability for bodily or moral injury, for material injury caused intentionally or through gross fault, or for the consequences of our own acts or those of our representatives.

Residents of Quebec: this section does not apply to consumers in Quebec (see section 15). To the extent permitted by applicable law, you agree to indemnify MedTechInvest Canada and FixNip Ltd. against claims of third parties, and the reasonable costs of defending them, that result from your breach of these terms, your unlawful use of the site or the information you submit. This section does not apply to consumers where applicable consumer protection law does not allow it, and it does not apply where the claim results from our own fault.

If you breach these terms, we may restrict or block your access to the site or to the professional area, remove information you submitted and, where appropriate, inform the competent authorities. If we close your professional account, or you close it, orders already confirmed remain governed by the Professional order terms. Sections 9, 10, 13 to 16, 19 and 21 remain in force after your use of the site ends.

We may change these terms to reflect changes to the site, our activities or the law. The new version is published on this page with its date and applies to your use of the site from that date; it does not apply to anything that happened before. Holders of a professional account are informed by e-mail at least 30 days before a material change takes effect and may close their account before then, free of charge.

If you reside in Quebec and use the site as a consumer: we may unilaterally change only the following elements of these terms: the description of the site's functions, the rules of acceptable use, the intellectual property notices, the contact details and the references to the law. At least 30 days before a change takes effect we publish on this page and, if we hold your e-mail address, send you a written notice containing only the new or amended clause, its previous version, the date it takes effect and this right: you may refuse the change and stop using the site, free of charge, by notifying us no later than 30 days after it takes effect. A change made otherwise cannot be invoked against you.

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law rules. The courts of that province have jurisdiction, without excluding the jurisdiction of any other competent court.

This choice does not deprive you of the protection of the mandatory provisions of the law of your province of residence, nor of your right to bring proceedings before the courts of your province of residence where that law grants it. Residents of Quebec may bring any dispute before the courts of Quebec.

These terms are available in French and in English. Both versions have the same value. Les présentes conditions sont offertes en français et en anglais, et les deux versions ont la même valeur.

The French version is available to you before you accept these terms, through the language switch on every page and on every form that refers to them. If you reside in Quebec and the versions differ, you may rely on the version that is more favourable to you.

• Severability: if a provision of these terms is held invalid or unenforceable, it is reduced to the extent necessary to make it enforceable, or severed, and the other provisions remain in full force.
• No waiver: if we do not enforce a provision, we do not waive our right to enforce it later.
• Entire agreement: these terms, together with the Professional order terms for orders, are the entire agreement between you and us about the use of the site. Our privacy policy is information, not a contract term.
• Transfer: we may transfer our rights and obligations under these terms to an affiliate or to a successor of our business; the successor is bound by these terms and by our privacy policy as they apply to you, and your rights as a consumer are not affected.
• Force majeure: we are not responsible for any failure caused by events beyond our reasonable control.
• Electronic communications: you agree that notices relating to the site and to a professional account may be given to you electronically, by e-mail or on the site, and that they satisfy any requirement of a written notice.
• Interpretation: headings are for convenience only; "including" means "including without limitation".

Questions and legal notices about these terms: MedTechInvest Canada, 4789 Yonge St., Suite 805, Toronto, ON M2N 0G3, Canada, info@fixnip.ca.