LEGAL NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions contain disclaimers of warranties, representations, conditions, guarantees and endorsements, exclusions and limitations of liability, waivers of rights, and acceptance of risks, in relation to the access to and use of the Site and the Information contained therein. By accessing or using the Site, you, as a User, acknowledge these Terms and Conditions and agree, without limitation or qualification, to be bound by them and by applicable laws.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE OR ANY PAGES THEREOF.
Definitions
For the purposes of this legal notice, “CLCL” means Canada Lands Company Limited and its subsidiaries. “Information” means the information, materials and content provided in the pages of a Site. “Personal Information” means any information about an identifiable individual within the meaning of the Privacy Act (R.S.C. 1985. c. P-21). “Site” means CLCL’s websites and Web pages, as the case may be. “User” means any person or entity having access to or using a Site.
Ownership, Monitoring
The Site is owned exclusively by CLCL, who may monitor access to, use of, and other activities relating to the Site, and who may intervene in relation thereto but does not make any representation or warranty that it will do so. Users hereby consent to any such monitoring and intervention. CLCL may, in its sole discretion, terminate, suspend or refuse to permit access to or use of a Site, or any part thereof, by any User or other person or entity, for any reason and without notice.
Access and Use of Site and Information
Users agree that the access and use of the Site is at their sole risk, whether doing so from inside or outside Canada. Users are solely responsible for their compliance with applicable local, national and international laws. Users may not use, export or re-export the Information, or any adaptation thereof, in violation of applicable laws or regulations, including export laws and regulations of Canada in force from time to time. Users agree not to introduce into or through the Site any information or material which may constitute or encourage conduct that would constitute libel, slander, defamation, harassment or discrimination, or which may give rise to a criminal offence or civil liability on the part of any User or any other person or entity. Users warrant that information or material which they provide to CLCL electronically through their access to or use of the Site does not infringe the rights of any person or entity. In addition, while accessing or using the Site, Users shall not:
- download, upload, post, transmit, publish or distribute any material or information for which they do not have all necessary rights;
- download, upload, post, transmit, publish or distribute any material or information which contain computer viruses or other codes, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
- interfere with or disrupt the Site or computer networks connected thereto, or gain unauthorized entry or access to same;
- reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any Information contained within the Site;
- violate any law or regulation, any generally accepted Internet practice, or interfere with any other User’s ability to use the Site and any Information provided on the Site; or
- alter, forge or modify in any way any of the Information posted or accessible within the Site.
The content of the Site is provided for information purposes only and is not intended to provide any advice to Users. Information on the Site is provided on an “as is” and/or “as available” basis, without warranty of any kind, whether express, implied or statutory. Information on the Site may contain technical inaccuracies or typographical errors and may be modified, revised or updated by CLCL without notice. Users have the sole responsibility to take reasonable and appropriate precautions to scan for viruses or other destructive properties when accessing or using the Information. The Information on the Site does not constitute an offer or solicitation by any person or to any person in any jurisdiction. The Information contained in the Site may be changed by or on behalf of CLCL at any time, for any reason, without notice.
Disclaimer
CLCL does not give, make or set any warranties, representations, conditions, guarantees or endorsements, whether expressed or implied by law, statute, common or trade usage or otherwise, with respect to the functionality or conditions of the Site or the Information contained therein, including, without limitation, warranties as to merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for a particular purpose. CLCL does not give, make or set any express or implied warranties, representations, conditions, guarantees or endorsements to the effect that the Information, accessed from or through the Site, will be uninterrupted or free of errors, omissions, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. Links or hyperlinks from or to other websites or Internet resources outside the Site are meant for convenience only and are at Users’ own risks. CLCL makes no representations whatsoever about any other websites which Users may access through the Site, and CLCL shall not be responsible or liable for any damages in connection with linking or hyperlinking. CLCL does not endorse, nor accept any responsibility for, the content, or the use, of any linked or hyperlinked website.
Limitation of Liability
CLCL, its shareholders, affiliates, directors, officers, employees, advisors, contractors and persons associated with the creation of the Site or its contents, are not responsible for and shall not be liable to Users or other persons or entities for any claims, losses, costs, expenses or damages whatsoever, whether direct, indirect, incidental, special, consequential, exemplary or punitive damages, arising out of or in connection with the Site, the Information contained therein, or the access to or use thereof, or inability to access or use the Site or any other linked or hyperlinked website, including, without limitation, any injuries, fines, fees, penalties, lost profits, lost savings, business interruption, lost data, loss of programs or of use, whether on information handling systems or otherwise, even if CLCL was advised of the possibility of such claims, losses, costs, expenses or damages.
Indemnity
Users agree to indemnify, defend and hold harmless CLCL, its shareholders, affiliates, directors, officers, employees, advisors, contractors and persons associated with the creation of the Site or its contents, from any and all claims, demands, causes of action, liabilities, damages, expenses, costs and fees (including reasonable legal fees) due to, arising from or related to Users’ access or use of the Site and the Information, or to the access or use of Users’ accounts, or to Users' violation of these Terms and Conditions or of any other terms and conditions under any other agreement applicable to any Information, or to any Users’ misrepresentations, or to Users’ violation of any rights of another.
Intellectual Property
CLCL retains the intellectual property rights to the Site. The Site and the Information contained therein are protected by copyright. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the pages of the Site are trade names or trademarks owned by or licensed to CLCL. The display of trademarks and trade names on pages in the Site does not imply that a licence of any kind has been granted to anyone else. Users shall not copy, distribute, publish or otherwise make public or for commercial use any content of the Site in any form. Any unauthorized downloading, transmission or other copying or modification of trademarks, trade names or the content of the Site may be a violation of federal or other law or common law rights and could expose the User to legal action.
Privacy, Confidentiality
CLCL is committed to take all reasonable measures to protect the privacy of Users with respect to the Personal Information they provide and to give effect to the principles contained in its Privacy Notice pursuant to applicable privacy legislation, including the requirements, exclusions and exceptions provided therein. By accessing and using the Site, Users accept, acknowledge and consent to CLCL’s Privacy Notice, as amended from time to time, as well as to the collection, use, disclosure, retention and disposal of Personal Information that Users provide. Despite CLCL’s best efforts to take measures to ensure the protection of Personal Information, the risk that the confidentiality or privacy of such information is violated, lost or otherwise breached cannot be excluded. Users understand, accept and agree that access to or use of the Site is at the their own risk, which entails a waiver of rights or remedies against CLCL for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of Personal Information. CLCL is not responsible for and shall not be liable to Users or other persons or entities for claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of Personal Information, except in cases where such prejudice results directly and entirely from the negligence of CLCL in the performance of its legal obligations under the Privacy Act.
Agreement, Amendment
These Terms and Conditions, including any documents referenced or linked herein and any other applicable terms and conditions contained on the Site, constitute the entire agreement between CLCL and Users pertaining to their access to and use of the Site and the Information herein. CLCL's failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision hereof. CLCL reserves the right to amend, modify, alter, revise or otherwise update these Terms and Conditions from time to time, without notice, by updating this posting. Users agree to review the Terms and Conditions regularly and to be bound by such Terms and Conditions as are in effect at the time when they access or use CLCL's Site. Users’ continued access or use of the Site shall mean and imply agreement by Users to any such amendment.
Jurisdiction, Language
The Site originates in Ontario, Canada and is operated by CLCL. The Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. By accessing and using the Site, Users submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario. CLCL is bound by the Official Languages Act (R.S.C., 1985, c. 31), and accordingly CLCL information is available in French and English. However, any information on the Site that is linked to or provided by an external website or third party is available only in the language in which it was provided.
Cette page est fournie à titre informatif seulement et ne constitue pas un avis juridique. Les présentes modalités sont régies par les lois de la province de l’Ontario et les lois fédérales du Canada qui y sont applicables.
AVIS SUR LA PROTECTION DES RENSEIGNEMENTS PERSONNELS
VEUILLEZ LIRE ATTENTIVEMENT LE PRÉSENT AVIS SUR LA PROTECTION DES RENSEIGNEMENTS PERSONNELS.
La SICL s’est engagée à protéger les Renseignements personnels des Utilisateurs recueillis au moyen du Site en conformité avec la Loi sur la protection des renseignements personnels. La présente déclaration de confidentialité en ligne (la « Déclaration ») fournit les principes directeurs que la SICL applique à la collecte, à l’utilisation, à la divulgation, à la conservation et à la destruction des Renseignements personnels sur le Site et de l’accès à ces Renseignements. Puisque les questions et les exigences liées à la protection des renseignements personnels sont susceptibles d’être modifiées constamment, la SICL se réserve le droit de modifier la présente Déclaration à tout moment, sans préavis, et les Utilisateurs sont encouragés à la lire régulièrement.
L’ACCÈS AU SITE ET SON UTILISATION SONT ÉGALEMENT RÉGIS PAR LA MENTION LÉGALE, QUI CONTIENT LES DISPOSITIONS SUR LA PROTECTION DES RENSEIGNEMENTS PERSONNELS ET D’AUTRES ÉLÉMENTS QUI VOUS, EN TANT QU’UTILISATEUR, DEVRIEZ LIRE.
Principes directeurs
La SICL est responsable des Renseignements personnels qu’elle contrôle. La présente Déclaration se rapportant aux Renseignements personnels repose sur huit principes principaux :
- Détermination de l’objectif des Renseignements personnels;
- Obtention du consentement pour les Renseignements personnels;
- Limitation de la collecte des Renseignements personnels;
- Limitation de l’utilisation, de la divulgation et de la conservation des Renseignements personnels;
- Garantie de l’exactitude des Renseignements personnels;
- Garantie des mesures de protection des Renseignements personnels;
- Réponse aux demandes;
- Conformité aux lois et aux pratiques.
Identifying Purpose
The collection of Personal Information through CLCL’s Site is for the following purposes:
- to establish and maintain responsible commercial relations with Users and improve CLCL’s ongoing communications with them;
- to understand Users’ needs; or
- to manage and develop CLCL’s businesses and operations.
Users provide their Personal Information through the Site by one of three ways: by sharing their name and e-mail address when registering through the “Contact Us” page at any CLCL Site; by voluntarily submitting their inquiries through the “Contact Us” page at any CLCL Site; or by voluntarily submitting information to CLCL through e-mail or by paper form requesting to include their name and e-mail address to CLCL’s distribution or mailing list.
Obtaining Consent
Consent for the collection of Personal Information by CLCL is not required by the Privacy Act. CLCL will, however, seek consent from Users by utilizing a double opt-in procedure through CLCL’s Site. When subscribing to the Site or requesting information about CLCL, Users will be required to complete a form. This double opt-in procedure ensures that CLCL has the correct contact information of the Users and that Users have provided their confirmation and given their consent to the collection, use, disclosure, retention and disposal of and access to their Personal Information.
Limiting Collection
CLCL shall collect only Personal Information that relates directly to its operating programs or activities and shall collect such information using fair and lawful means. CLCL does not share, rent or sell Users’ Personal Information with third party vendors. CLCL’s Sites may contain links or hyperlinks to non-CLCL-owned or operated websites. When Users click on one of those links, they will leave the CLCL Site and enter a third party’s website. CLCL has no control over such other websites and is not responsible for the collection, use, disclosure, retention and disposal of and access to Users’ Personal Information that is gathered on such other websites or for the use of cookies or other tracking devices. Users are encouraged to review the privacy policies of such other websites.
Limiting Use, Disclosure and Retention
CLCL will not disclose Personal Information without Users’ knowledge and consent, unless required by law. CLCL will retain and dispose of Personal Information in accordance with CLCL’s retention and disposal procedures, its internal records management, and with applicable law.
Ensuring Accuracy
When subscribing or requesting more information on any CLCL Site, Users acknowledge that the Personal Information they provide must be correct and current.
Ensuring Safeguards
Personal Information under the control of CLCL is kept in confidence and protected with measures that are appropriate to the sensitivity of such information. CLCL is committed to ensuring that Personal Information is protected from loss, unauthorized access, copying, use, modification or theft and that protection is provided in accordance with industry standard security practices and with CLCL’s procedures in respect thereof.
Responding to Enquiries
Each government institution that is subject to the Privacy Act has an official performing the duties of a Privacy Coordinator. At CLCL, the Privacy Coordinator is the Chief Legal Officer & Senior Vice President, Corporate Governance. All requests made under the Privacy Act and received by any CLCL office must be forwarded to the Chief Legal Officer & Senior Vice President, Corporate Governance for processing. Enquiries related to this Statement or CLCL’s privacy practices must be directed to:
Attention: Chief Legal Officer and Senior Vice President, Corporate Governance
Email: @email
Complying with Law and Practices
Any User who wishes to make an inquiry or challenge the compliance or practices of CLCL may do so through the Chief Legal Officer & Senior Vice President, Corporate Governance, in writing. On receipt of a written inquiry or challenge, the Chief Legal Officer & Senior Vice President, Corporate Governance will document the inquiry or challenge, conduct an investigation as necessary, and respond to the User. Should it be determined that CLCL did not comply with this Statement or with provisions of the Privacy Act or Access to Information Act, a remedial action will be included in the response. If required, Users may contact the Office of the Privacy Commissioner of Canada.
This page is provided for general informational purposes and does not constitute legal advice. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.