Terms and conditions of use

COPYRIGHTS and TRADEMARKS

 

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to MCH, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of MCH and is also protected by Canadian, U.S. and international copyright laws.

 

MCH and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under MCH or any third party’s intellectual property rights.

 

The MCH names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of MCH and are used in Canada under exclusive license by MCH. All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.

 

LINKS

 

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply MCH’s’ endorsement, sponsorship or recommendation of the third party, information, product or service. MCH is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

USE OF THIS SITE

 

This website is intended only for personal, non-commercial use. You may d/l, print and copy portions of the contents displayed for your personal, non-commercial use only, given you uphold all copyright and other notices within the Site or its Contents. Other than previously mentioned, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

 

SITE SECURITY

 

Users are forbidden from violating or attempting to violate the security of this website, including, without limitation: (a) accessing information not intended for such user or logging into a server or an account the user has no authorization to access; (b) attempting to probe, scan or test for a weakness of a system or network or to violate security or verification procedures without permission; (c) attempt to meddle with service to any user, host or network, including without limitation, with means of submitting a virus to the Site, overloading, “mailbombing”, “crashing”, “flooding”, or “spamming”, (d) sending uninvited email, including promotions and/or advertising of services or products; or (e) forging any header, including any email or TCP/IP packet header. Violations of  network security or system can result in criminal or civil liability. MCH will examine occurrences that may involve such transgressions and may involve, legal enforcement authorities in prosecuting users who are taking part in such violations. You agree not to use any device, software or routine to impede or try to impede with the correct working of this Site or any action being conducted on this Site. You agree, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation robots, avatars, browsers, spiders or intelligent agents) to navigate, scrape or search this Site other than the search engine and search agents available from MCH on this Site and other than generally available third party web browsers (e.g., Microsoft Edge, Firefox, Chrome).

 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

 

For all reviews, suggestions, ideas, postcards, comments, feedback, and other submissions disclosed, submitted or offered to MCH by e-mail, telephone, on or through this Site, or otherwise disclosed, submitted or offered in correlation with your use of this Site (collectively, the “Comments”) you award MCH an everlasting, royalty-free, permanent, unrestricted, transferable, sub- licensable right and license to use the Comments regardless of how MCH wishes, including without limitation, to use, reproduce ,copy, modify, disclose, adapt, delete in its entirety, display, publish, translate, create derived works from and/or give out such Comments and/or incorporate such Comments into any structure, medium or technology throughout the world and for any function without limitation and without compensating you in any way.

 

Thus, do not send remarks you do not want to license to us as explained above, including any private information or any unique artistic materials such as product ideas, stories, original artwork, or computer code. MCH is and shall be under no duty: (1) to maintain any Comments in confidence; (2) to exhibit, sustain or use Comments in any regard; (3) to reply to any user Comments; or (4) to compensate user any payment for any Comments. You stand for and guarantee any Comments submitted by you will not infringe the terms and conditions of this Agreement or any right of any third party, including without restriction, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any being or thing and will not include any private information of any third party. You further represent and warrant no Comments submitted by you to this Site will be or contain libelous or illegal, defamatory, threatening, or contain software viruses, abusive or obscene material, harmful content, disabling mechanisms, commercial solicitation, political campaigning, chain letters, mass mailings, or spam. You will not imitate any individual or thing or mislead your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.

 

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of MCH and its successors, assigns and licensees.

 

MCH doesn’t commonly review posted Comments, but does reserve the right (but not the commitment) to supervise and edit or remove any Comments submitted to the Site. You grant MCH the right to use the name that you offer in association with any Comments. You agree not to use a fake email address, imitate any person or entity, or otherwise deceive as to the origin of any Comments you submit. You are and shall remain exclusively accountable for the content of any Comments you create and you agree to underwrite MCH and its affiliates for all claims consequential from or concerning to any Comments you submit.

 

MCH and its affiliates take no accountability and assume no liability for any Comments submitted by you or any 3rd party.

 

OBJECTIONABLE CONTENT

 

You comprehend that by use of this Site or any services provided on the Site, you may experience  Content that may be considered by some to be, indecent, objectionable or offensive, which Content may or may not be identified as such. You agree to use this Site and any service at your lone risk & that MCH and its affiliates shall have no responsibility to you for Content that may be deemed objectionable, indecent or offensive.

 

INFORMATIONAL PURPOSES ONLY

 

Insurance and financial-related information that may be provided on this Site is provided for your general information only, and is not intended to substitute for, or provide, insurance, financial, professional legal, accounting or tax advice, investment.

 

Some product and/or service descriptions, performance claims, representations, warranties, guarantees, and other Content provided on this Site are provided by our vendors, third parties, partners, and are not independently verified by MCH. The exactness of such representations is the sole accountability of the vendors, associates, and other 3rd parties. While this Site attempts to be correct in its product and/or service descriptions, MCH does not represent or warrant that product and/or service descriptions or other Content on this Site are complete, accurate, current, reliable, or error-free. If you find that a product and/or service you acquire is not as described, your only remedy is to return the product in accordance with MCH’s Return Policy, or cancel the service in accordance with the applicable service agreement.

 

MCH and/or our vendors, partners and other 3rd parties may also provide recipes, tips, instructions and other information and resources available via this Site. Because a variety of aspects of products and services can change at any time, always be sure to read and follow the label/instructions that go with any products or services you use or purchase from MCH. MCH will not be liable for any injury or damage caused by following the tips, recipes, instructions and other information and resources posted through this Site.

 

Items posted on this site may not be obtainable or in-stock at all times. MCH reserves the right to correct, at any time, any pricing errors. While the Site is updated often, prices, selection and availability are subject to change without notice.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold MCH harmless from and against any and all claims, loss, actions, costs and expenses, damages, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any violation of this Agreement. This rider shall survive the termination of this Agreement and remain in full force and effect.

 

PRIVACY

 

MCH’s personal information practices on the Site, counting the compilation, use and/or disclosure of your personal information, are governed by MCH’s privacy policy. In using the Site, you consent not to send or be responsible for emails to be sent to persons without their permission (e.g. through sharing or friend referral functions) or to post any Comments that contain personal information of 3rd parties.

 

DISCLAIMER

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

THIS SITE IS PROVIDED BY MCH ON AN “AS AVAILABLE” & “AS IS” BASIS. MCH PRESENTS NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, BE IT LEGAL, EXPRESSED OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, MCH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, BE IT LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MCH DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT .

 

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

 

LIMITATION OF LIABILITY

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MCH AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MCH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

 

GENERAL

 

Actual product size and packaging may differ from what is shown on our site. While we make every attempt to provide accurate images, product packaging may change from time to time. Except for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and MCH in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of MCH to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit MCH’s rights with respect to such breach or any subsequent breaches. MCH shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of MCH. These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) MCH and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with MCH or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.