Terms and conditions of using this online web store & Privacy Policy

Terms of use for both websites of: turkeyhill.ca & turkey-hill-sugarbush.myshopify.com

Last revised: August 16, 2021

This document sets forth the terms and conditions for the use of the Turkey Hill Sugarbush Ltd Maple Syrup Company websites called (the "Organization") (collectively and individually the "Website(s)").

Any user of the Website is deemed to have read, accepted and acknowledged the validity of the terms and conditions set out below, and therefore agrees to comply with and be bound by them. If a user of the Website does not agree to these terms and conditions of use, he or she must cease using the Website. The Organization may, at any time and without notice, modify these Terms of Use. Users of the Website are advised to check regularly for changes to the Terms of Use. Users are deemed to have accepted the changes to the Terms of Use if they continue to use the Website after the changes are posted.

These Terms of Use constitute the entire agreement between the Organization and any user of the Website, and supersede any prior terms and conditions or provisions relating to the use of the Website. No oral or written statement by any employee or officer of the Organization, or by any other person, shall modify or supersede these Terms of Use.

The Website is managed and powered from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These Terms of Use, as well as any dispute or disagreement arising out of their application, shall be interpreted in accordance with these laws. If any part of these Terms of Use is unlawful, void or unenforceable, that part shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of these Terms of Use, which shall be construed without reference to the severed part. Any dispute arising out of or relating to the use of the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec or a Canadian federal court in the judicial district of Montreal, notwithstanding any potential application of conflict of laws principles.

Some jurisdictions do not allow terms to be governed by the laws of another jurisdiction. Therefore, the laws of Quebec may not apply to you.

Copyrights

All articles, text, illustrations, images, photographs, information, audio clips, video clips, software and code available on the Website (the "Content"), including the arrangement and compilation thereof, are protected by Canadian and foreign copyright and other laws and are owned by the Organization, its affiliates, its licensors or the person credited as the provider of the Content.

You agree to abide by all other copyright notices, information or restrictions on or in the Content that you may access through the Website. The Organization grants you a non-exclusive, non-transferable license to use and display the Website on your computer or other electronic device solely for your personal, non-commercial, single-user screen display and reproduction, in one copy, for backup or hard copy, provided that you do not modify the Content and that you retain all copyright notices. The modification, reproduction, distribution, transmission, broadcast, performance, networking, marketing, publication, licensing, downloading, creation of derivative works, posting on the Internet, sale or other exploitation of the Website or the Content, including without limitation caching, framing or similar means, is prohibited.

All software embedded in or found on the Website, including, without limitation, all source code, and all files or images contained in or generated by such software, is protected by copyright and may be protected by other rights. All such software is owned by the Organization, its affiliates or its licensors.

Unless otherwise clearly indicated on the Website, nothing on the Website shall be construed as granting you any right, title, interest or other license in or to any software that is incorporated into the Website or that may be downloaded from the Website, including, without limitation, any intellectual property rights in the software.

Notice of Claim of Copyright Infringement

If you believe that your work or content has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Organization with written notice containing the following information in accordance with the Copyright Act of Canada

- a description of the copyrighted work that you claim has been infringed

- a description of the page(s) on the Website where your copyrighted work is allegedly infringed

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

- your name, address, telephone number, and email address (if any); and

- a statement by you that the above information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks

TURKEY HILL & TURKEY HILL SUGARBUSH LTD. are trademarks or certification marks of the Organization. Other names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website may constitute trademarks or certification marks of the Organization or of third parties. Nothing contained on the Website should be construed as granting any person a license or right to use any logo, design or mark of the Organization or any third party.

Liability for Minors

In the event that you allow a minor to use the Website, you acknowledge that you are responsible for: (i) his or her online behavior; (ii) controlling his or her access to and use of the Website; and (iii) the consequences of any misuse of the Website by him or her. We recommend that you exercise reasonable supervision over the use of the Website by minors in your care.

Submissions

Unless there are specific written rules or procedures of the Organization in this regard providing otherwise, when you submit messages, data, text, photographs, images, recipes and other materials to the Organization, you grant the Organization an unlimited, irrevocable, non-exclusive, perpetual, worldwide license: (i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute or make available to the public your content for any purpose; and (ii) to sublicense to third parties the unlimited right to exercise any of the foregoing rights.

In addition to the license granted above, you hereby: (i) waive all moral rights in your content; (ii) consent to the appearance of your name, address and email address for your content, if any, and to the disclosure or posting of such information; (iii) acknowledge and agree that the Organization shall not be liable for any loss, damage or corruption of your content; and (iv) acknowledge and agree that submissions you transmit for posting on the Website or submit to the Organization shall be considered non-confidential.

You represent and warrant to the Organization that: (i) your content is original; (ii) your content does not infringe any intellectual property rights, including but not limited to copyright; (iii) you are the sole owner of all intellectual property rights, including but not limited to copyright, in your content or, if applicable, you have obtained the owner's written permission to submit your content (iv) your content does not violate any third party's right to privacy or publicity; (v) your content is true, accurate, current and complete to the best of your knowledge; and (vi) your content is not otherwise illegal.

The Organization has no obligation to verify the content residing on its Website or transmitted to it. However, the user acknowledges that the Organization may at any time verify such content, in particular to comply with a law, regulation, decree or request from the authorities, to ensure the proper functioning of the Website or for any other reason at its sole discretion. The Organization reserves the right to edit, refuse or remove any content residing on or transmitted to its Website if the Organization determines, in its sole discretion, that such content violates these Terms of Use.

Integrity and accuracy of information

The Organization strives to ensure that the information and Content available on the Website is complete, accurate and up-to-date. This information and Content is obtained from sources that the Organization believes to be reliable and is updated regularly. However, it may contain inaccuracies, omissions, typographical errors or other deficiencies. Such errors may relate to pricing, description or availability of products. All images, text and prices on the Website are based on the most current information available at the time of posting. Although the Organization attempts to display the colors of the product shown on the Website as accurately as possible, the Organization cannot guarantee that the color of the product will match exactly.

Accordingly, the Website and all of its Content are made available to users "as is" without warranty of any kind, either express or implied. Without limiting the generality of the foregoing, the Organization makes no warranty as to the availability or stability of the Content of the Website, the ability to access it, the absence of viruses, or the accuracy, reliability, accuracy, completeness, performance or fitness for a particular purpose of the information provided, including that relating to the Organization's partners, legislation or regulations, or the availability of the services described. The User is advised that the Website is subject to regular technical maintenance, which may limit or prevent access to it temporarily or for a longer period.

The Website is accessible via the Internet and in standard Internet formats. The Organization reserves the right to change these formats at any time and it is the user's responsibility to obtain, at his or her own expense, access to the Internet and any software necessary to access the Website. The Organization reserves the right to correct any errors or to change the Content without notice. In its sole discretion, in addition to all other rights and remedies available to it, and without liability of any kind, the Organization may at any time and without notice discontinue or restrict access to any portion of the Website. The Organization reserves the right to change posted prices at any time without notice. Unless otherwise indicated, taxes and shipping costs are not included in the posted prices. All prices are in Canadian dollars. Despite the Organization's efforts to be as accurate as possible, the price of a product listed on the Website may be inaccurate. If the price of a product displayed on the Website is found to be inaccurate, the Organization reserves the right to either correct the price or cancel a sale made on the Website or otherwise, at its discretion.

Disclaimer

The Organization provides the Website and its Content on an "as is" basis and makes no representations or warranties of any kind, express or implied, as to the operation of the Website and the information, content, materials or products contained therein. To the fullest extent permitted by law, the Organization disclaims all representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, the Organization does not represent or warrant that the information available on this Website is accurate, complete or current. Price and availability information is subject to change without notice. The Organization is not liable for damages of any kind arising out of the use of the Website. In no event shall the Organization, its affiliates, partners or licensors be liable for any direct or indirect damages, including loss of revenue, customers or data, arising out of the use of or inability to use or access the Website, including the content and products therein. This limitation applies, whether in contract or tort, even if the Organization has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all types of damages, including direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property, and third party claims.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above limitations may not apply to you.

Indemnification

Upon request, you agree to indemnify and hold harmless the Organization, its affiliates, partners, subsidiaries or licensors, and their employees, contractors, agents and officers, from and against any and all claims and expenses (including attorneys' fees) arising out of your use of or inability to use the Website. To the extent possible, you agree to cooperate with the Organization in its defense in any matter in which you are required to provide indemnification.

Hyperlinks to Third Party Sites

The Website may contain hyperlinks to third party sites ("Third Party Sites") that will take you off the Website. The Organization provides these hyperlinks for your convenience. The Third Party Sites are not under the control of the Organization and the hyperlinks should not be construed as an approval or endorsement of their content by the Organization. The Organization is not responsible for, and makes no warranties regarding, the content of any Third Party Site, any link contained in a Third Party Site, any changes or updates to a Third Party Site, or the terms and conditions of use of any Third Party Site.

Hyperlinks to the Website

The Organization accepts hyperlinks to the Website. However, it does not wish to be linked to any third party site that: (i) that contains any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, national or international law or regulation, or that could damage or undermine the business, credibility or integrity of the Organization, or that contains, posts or transmits any material or information that exceeds the moral or legal standards of Canadian society or ii) contains, posts or transmits any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark or other proprietary right. The Organization reserves the right to prohibit or refuse to accept a hyperlink to the Website in its sole discretion at any time. You agree to remove any hyperlink you may have to the Website upon request by the Organization.