Terms of Use and Privacy Policy
We are pleased that you are using the website (the “Site“) of Alpaca Ontario (“AO“). By accessing the Site, you acknowledge that you have read, understood, and have agreed to be bound by the terms and conditions set out in these Terms of Use and Privacy Policy (the “Terms and Policy“) and its content.
You cannot use this Site without adult supervision if you are under the age of majority in the jurisdiction in which you live. If you are under the age of majority in the jurisdiction in which you live, you must review these Terms and Policy with your parent or legal guardian prior to using this Site.
We may revise these Terms and Policy, and the most recent version will prevail. Your continued use of the Site shall be evidence of your agreement to be bound by any such changes. AO encourages you to regularly review these Terms and Policy for updates.
Privacy and Personal Information
Please make sure to read the following privacy provisions carefully. They constitute AO’s Privacy Policy with respect to your personal information such as your name, how many children you have, and any other personal details through which you can be identified (“Personal Information“). Personal information does not include business contact information or contact details. This Privacy Policy applies to you any time you submit Personal Information through the Site, except in cases where such Personal Information is publicly available. It also applies to every treatment of data or information that AO receives from or about you. AO complies with the privacy norms under the applicable Canadian and provincial legislation every time you access and/or browse the Site. This Privacy Policy applies to AO’s collection, use and disclosure of Personal Information in Canada.
When you browse the Site, AO automatically receives your computer’s internet protocol (IP) address in order to provide us with information that helps AO learn about your browser and operating system. AO uses this along with your Personal Information to perform data analysis in order to improve the Site and to enhance your overall experience. AO may share your Personal Information with AO’s affiliates and service providers who process it on behalf of AO when required for business purposes. These parties are legally obligated to maintain the confidentiality of the Personal Information thus communicated to them. Their handling and use of your Personal Information is confined to the purpose for which it was specifically communicated. Some of AO’s service providers may be located outside of Canada and as such, their handling of your Personal Information is governed by applicable foreign laws.
AO takes reasonable steps to provide adequate and appropriate protection of your Personal Information through the use of physical, electronic and procedural safeguards. AO retains your Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet AO’s legal obligations, and will not disclose it without your consent or as required by applicable laws. AO assumes that you have consented to AO’s reasonable collection and use of your Personal Information when you provide AO with your Personal Information.
You may, with proof of entitlement, request access to your Personal Information in order to review its accuracy, or to request that AO correct the Personal Information in AO’s possession. AO will process any updates, changes or deletion requests as soon as possible.
Your Use of the Site
This Site is available to you for your own personal, non-commercial use. You cannot use any portion of the Site for commercial purposes (for example, unless otherwise authorized by AO, you cannot sell or otherwise distribute products for commercial purposes), or to violate any applicable law or regulation.
In addition, you may not:
- access or use, or attempt to access or use, the Site to take any action that could harm AO or any third party or interfere with the operation of the Site or which could disable or impair the Site;
- attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Site;
- take any action that imposes an unreasonable or disproportionately large load on AO’s network or infrastructure or violates or threatens AO’s system or network security.
You agree to abide by all additional restrictions displayed on the Site, as they may be updated from time to time.
Our Intellectual Property
AO and its logo are AO’s intellectual property and are protected by intellectual property laws.
You may not alter, broadcast, copy, create derivative works, distribute, download, license, manipulate, modify, reproduce, republish, sell, post, publicly display, transmit or upload or otherwise exploit AO’s intellectual property in whole or in part, in any manner whatsoever, nor may you hold yourself out has having authority to so do. AO does not grant you any express or implied rights under or to any of AO’s patents, trademarks, copyrights, trade secrets or other intellectual property.
Content
The contents of the Site are provided “as is” for general information and personal use only. AO does not vet any “Trusted Partners” listed on the Site. All content is for informational purposes only and should not be relied upon for any other purpose. The Site does not, and does not purport to, provide medical, financial, legal or other professional advice and you should consult your own medical, financial, legal and other professional advisors for any such advice.
The Site may allow you to submit a review, ask a question or make a comment, or provide AO with your suggestions (“your content“). You remain the owner of your content. You must ensure that you own or are licensed to send AO all of your content, meaning that you took the photo or video, or have permission to send AO the photo or video, and that the photo or video is of you or by someone who consents to have the photo or video sent to AO. By submitting your content on the Site, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you post your content, you do so under the terms of the following license. You grant to AO (and to those with which and with whom AO works) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use any names, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). AO may display your content on the Site or otherwise use it in AO’s marketing and promotional materials, and this license gives AO the right to do so.
None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. AO reserves the right to remove any of your content for any reason.
Cookies
When you use the Site, AO places place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Aggregate, but not individual, cookie and tracking information may be shared with third parties.
Links to Other Websites
The Site contain links to, and may be linked from, third-party websites that AO does not maintain. AO does not endorse or make any representations about any other websites nor does it take or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Site to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.
Products and Ordering
AO strives to show products for sale on the Site as accurately as possible. Because monitor displays differ, however, AO does not guarantee that the images of any products will accurately depict those products. Products displayed may be out of stock at any time. In this case, AO reserves the right to substitute products in its sole discretion without notice to you. Prices are subject to change at any time.
You may order products through the Site. When you do so, you are subject to AO’s shipping policies (where applicable) and practices that appear at the time you place such order. AO reserves the right to refuse or cancel any order you place, or to restrict the quantities purchased per person. In the event that AO refuses or cancels your order, AO will attempt to notify you using the information provided in connection with the order.
Disclaimers
AO DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE CONTENT OF THE SITE. AO DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT IT IS FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, AO AND ITS AFFILIATES, AND ALL RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES AND INCLUDING BUSINESS INTERRUPTION LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF AO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THE LAW RESTRICTS AO FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, AO WILL BE RESPONSIBLE UP TO $1.00.
Indemnification
You agree to indemnify, defend and hold harmless AO and its affiliates, and all respective officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Site and any violation of this Terms and Policy whether by you or by any person using your login credentials.
Compliance with Law
ACCESS TO THE SITE FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SITE.
Governing Law
These Terms and Policy are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its choice of law provisions. Any claim or dispute against AO with respect to this Terms and Policy, your use of the Site or otherwise shall be brought exclusively in the Courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.
General Information
If AO does do not enforce any provision of this Terms and Policy, it does not mean that AO will not, and AO is not waiving its right to, enforce such provision in the future.
Contact AO
If you have questions or concerns regarding these Terms and Policy, contact AO at info@alpacaontario.ca.