Terms and Conditions of Use and Privacy Policy

 

PREAMBLE

The terms and conditions of use and privacy policy (collectively, the “Terms of Use”) listed here apply to any application or content located on the domain space http://mocca.ca or http://www.mocca.ca (“Site” or “the Site”) of the Museum of Contemporary Canadian Art (“MOCCA”) made by you, as well as to any agreements concluded between you and MOCCA.

If you do not agree to these Terms of Use, you should not buy any products or services (“Items”) through the Site. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these Terms of Use periodically for any changes. Your continued use of the Site signifies your acceptance of these changes.

TERMS AND CONDITIONS OF USE CONDUCT

MOCCA will not permit any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site. You cannot post on or transmit through the Site, either directly or indirectly through a third party, any unlawful, threatening, fraudulent, abusive, harassing, harmful, defamatory, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial/regional, national, or international law.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

INTELLECTUAL PROPERTY

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. However, you may download one copy of the Site for your own non-commercial, personal educational use.

E-NEWSLETTER

If you advise us that you wish to subscribe to our e-newsletters, your information will be used to provide you with the e-newsletters and to contact you to determine whether you are interested in acquiring a Membership.

DELIVERY AND SHIPPING

You will receive an e-mail confirmation of your order of Items and will ship it using First Class Standard Mail.

PAYMENT

MOCCA accepts the following forms of payment using VISA, MasterCard and American Express in Canadian Dollars.

REFUNDS

If for whatever reason you are not satisfied with any of our Items that you purchased on the Site, you may obtain a full refund after 90 days.

MONITORING

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind:

  1. to satisfy any law, regulation, or government request;
  2. if such disclosure is necessary or appropriate to operate the Site;
  3. to protect our rights or property or the rights of the users.

We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site.

APPLICABILITY

By ordering Items from this Site, you understand and agree that you are entering into a contract directly with MOCCA in Toronto, Ontario, Canada (“Toronto”) and that your order is being accepted by MOCCA in Toronto. You further understand and agree that in all circumstances relating to or arising from the use of the Site and/or from any agreement between you and Canadian law shall govern the agreement. Any disputes relating to or arising from the use of the Site and/or from any agreement between you and us must be submitted to a competent court in Ontario. We cannot make representations that any product referred to on the Site is appropriate for use, or available, everywhere in the world.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

PRIVACY POLICY

We respect the personal privacy of all users of the Site and will at all times seek to comply with the Canadian Data Protection Act (“CDPA”).

PERSONAL DATA

MOCCA is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.

The personal data we collect about our users shall be carefully and adequately processed. To process your order we will ask you for personal data when you register for a purchase. You will need to give your consent before any processing happens. Your personal data will only be used for the purposes stated in these Terms of Use and/or at the point of collection. MOCCA will not collect information about you without your consent.

By providing your email address in conjunction with a purchase transaction you authorize MOCCA to communicate with you by email regarding this purchase transaction. This authorization applies regardless of whether the purchase transaction is finalized.

We take precautions to protect personal data collected through the Site but in the event that unauthorized third parties infiltrate our system we will not be liable for any resulting misuse of the personal data.

DISCLAIMERS

The Site is provided “as is” and we exclude all warranties of any kind to the fullest extent permissible by applicable law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses. For greater certainty, we expressly disclaim to the fullest extent permissible by applicable law any and all express or implied warranties of any kind, including without limitation warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the Site.

You agree that the Site, including the content, is provided free of charge. Neither we will be liable to you nor any person for any loss or damage of any kind that may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us. We will use reasonable endeavors to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.

Any of our liability, whether in contract, tort (including but not limited to negligence), product liability or otherwise, resulting from your use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect or consequential damages or any other damages of any kind are in all circumstances excluded.

Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the contact lenses and or related products sent to you.

If any provisions of these Terms of Use are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

INDEMNITY

You agree to indemnify, defend and hold harmless MOCCA and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.