Terms of Service

 

This Website Terms of Service Agreement (this “Agreement”) governs your access to and use of the Website (as defined below) which is owned, operated or provided by the Company (as defined below).

 

As used in this Agreement, “you” means (and “your” refers to) the user of the Website. In consideration for your right to access and use the Website, you agree to the terms and conditions set out below.

 

IMPORTANT! YOUR ACCESS TO THE WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.

 

1. Interpretation and Definitions

Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party.
  • Company (or “we”, “us” or “our”) refers to The Canadian Centre for Food Integrity
    202-7145 W Credit Ave Mississauga, ON L5N 6J7
  • Contest means any campaign, contest, or promotion we may provide on our Website, from time to time.
  • Country refers to Canada.
  • Device means any device that can access the Services such as a computer, smartphone, or tablet.
  • Services refers to the Website, including the Contests or information provided within.
  • Terms and Conditions (or “Terms”) mean this Agreement that governs your use of the Service.
  • Website refers to Canada’s Food System, accessible from https://www.canadasfoodsystem.ca/

 

2. Privacy

By accessing and continuing to use the Website, and by providing personal information to us through the Website, you are indicating your acceptance to be bound by the terms and conditions of our Privacy Policy, available at https://www.canadasfoodsystem.ca/privacy-policy. If you do not accept the terms and conditions set forth in our Privacy Policy, please do not access or use the Website or provide personal information through the Website.

 

3. Acceptable Uses of the Website

While you use the Services, you must comply with all applicable laws, rules and regulations, as well as this Agreement and our Privacy Policy. In addition, your use of the Services is based on the following rules of conduct. You will not:

 

a) post, transmit, or otherwise make available any material that is or may be: (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; (v) an infringement of another person’s privacy by disclosing the personal information of another individual without their knowledge and consent; (vi) unlawful or promoting unlawful activity; (vii) discriminatory; or (viii) mean-spirited;

 

b) post, transmit, or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;

 

c) use the Website in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada);

 

d) use the Website to post transmit, or otherwise make available any material which would: (i) give rise to criminal or civil liability; (ii) encourage conduct that constitutes a criminal offence; or (iii) encourage or provide instructional information about illegal activities;

 

e) impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;

 

f) post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment;

 

g) interfere with or disrupt the Website;

 

h) use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

 

i) post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation;

 

j) use the Website or the Services, if you are a minor; or

 

k) use the Website or the Services if you are in violation of this Agreement.

 

Any person who is found, or reasonably suspected, to have violated this Agreement may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.

 

4. Ownership of Content

Our Content

Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website, including, without limitation, text, photographs, images, illustrations, graphics, information, icons, and code (collectively, “Our Content”), and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in and to Our Content. Portions of Our Content may have been licensed to us or published on the Website by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.

 

Your Content

You retain ownership in and to materials you submit to us (collectively, “Your Content”), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services, in accordance with our Privacy Policy. If you consent to your first name, province, and comments being shared publicly on the website or social media, you grant to us and our Affiliates a royalty-free licence to use Your Content and any such comments, suggestions or ideas on our Website or on social media, for as long as we see fit, without any obligation to you. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.

 

We reserve the right, but not the obligation, to, in our sole discretion, determine whether any of Your Content is appropriate and complies with this Agreement, and to remove or refuse to post Your Content. We can also limit or revoke the use of the Service, without providing notice to you, if Your Content is objectionable. As we cannot control all content posted by users and/or third parties on the Website, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will we be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. If you believe in good faith that any material that is made available on the Site infringes your copyright, please contact us at learnmore@foodintegrity.ca.

 

5. Consent to Electronic Communication

By submitting your information through the Website, including through sign-up forms or interactive features, you consent to being contacted by the Company for newsletters, updates, and related informational content. You may unsubscribe from these communications at any time by following the opt-out link in any message.

 

6. Contests and Promotions

From time to time, the Website may host Contests. In addition to this Agreement, Contests will be governed by their own official rules or terms, which will be provided separately. Participation in any such contest constitutes agreement to those terms.

 

7. Links to Other Websites

No Endorsement or Responsibility

The Site may include links to other websites, solely as a convenience to users. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites.

 

Third Party Content

We may make third party content and material (“Third Party Content”) available to you through the Site and the Services. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.

 

Use at Your Own Risk

Your access to and use of linked sites, including information, materials, products and services on linked sites or available through linked sites, is solely at your own risk and governed by the terms of service of the linked site. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of information and content you access through that link. Please review the terms of service for each link so that you understand all of the terms that will apply.

 

8. Termination

We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.

 

9. Limitation of Liability, Release and Indemnity

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY; OR (F) ANY LOSS OF DATA OR OTHER INFORMATION; OR (G) FOR BUSINESS INTERRUPTION; OR (H) FOR PERSONAL INJURY; OR (I) LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US, OR ONE HUNDRED DOLLARS ($100.00) CAD IF YOU HAVE NOT PURCHASED ANYTHING THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 9 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

 

RELEASE

EXCEPT AS SET OUT IN THIS SECTION 9, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.

 

INDEMNITY

YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.

 

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.

 

FOR THE PURPOSE OF THIS SECTION 9, THE TERMS “WE”, “US” AND “OUR” SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS

 

10. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND: (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; (ii) AS TO THE AVAILABILITY OF THE SERVICES; OR (iii) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR ANY COMMUNICATIONS SENT FROM, OR ON BEHALF OF ARYVAL, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.

 

Access to the Services is provided “AS IS” and “AS AVAILABLE” and with all faults and defects, and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services.

 

11. Governing Law and Dispute Resolution

This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as a Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to make reasonable efforts to settle the dispute informally. If informal dispute resolution fails, you submit to the exclusive jurisdiction of Ontario’s courts.

 

12. For European Union (EU) Users

If you are located in country that is a part of the European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

 

13. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

14. Miscellaneous

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction. The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement, including but not limited to Sections 2, 4, 7, 8, 9, 10, 11, and this Section 14.

 

15. Language

In the event that this Agreement is characterized or construed as a contract of adhesion under Québec law, the adhering party acknowledges having been provided by the other party with the French version of the Agreement at no cost, and thereafter, has explicitly expressed its willingness to be bound by the Agreement written exclusively in English. The parties have expressly required and mutually agree to be bound exclusively by the English version of the Agreement. The parties further agree that all documents related to this Agreement, including notices and other communications, be drafted exclusively in English. Dans l’éventualité où la présente convention est qualifiée ou interprétée comme étant un contrat d’adhésion en vertu du droit Québécois, la partie adhérente reconnaît que la version française de celle-ci lui a été remise gratuitement par l’autre partie, et par la suite, avoir expressément exprimé sa volonté d’être liée à la convention rédigée exclusivement en anglais. Les parties ont expressément requis et conviennent mutuellement d’être liées exclusivement par la version anglaise de la convention. Les parties conviennent également à ce que tous les documents se rattachant à la convention, incluant les avis et autres communications, soient rédigés exclusivement en anglais.

 

16. Changes to These Terms and Conditions

The Company may update these Terms from time to time. Material changes will be announced at least 30 days in advance. Continued use of the Services after such changes constitutes acceptance of the new Terms.

 

17. Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email:  learnmore@foodintegrity.ca