III No warranty
ITCAN makes no representation or warranty regarding the functionality, good working order or condition of this Website, the information, applications, products, and services contained on this Website, its suitability for use, or its use in an uninterrupted or error-free manner.
ALL MATERIAL, APPLICATIONS, PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. ITCAN AND OTHER MEMBERS OF THE GROUP DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms or as may be provided by law.
IV Limitation of liability and indemnification
The entire risk as to the use of the Website and Content is assumed by you. In no event shall ITCAN or other members of the Group or any of the officers, directors, employees, shareholders, partners, agents or licensors of ITCAN or other members of the Group (collectively, “ITCAN” in this section IV) be liable to you for any damages, losses or liabilities of any kind or nature whatsoever, including without limitation, any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind or nature, that are suffered in any connection with your access and use of or inability to access or use the Website and/or any Content and/or your reliance on any Content, and including without limitation, loss of data, any error, omission, inaccuracy or defect in any Content or any error, interruption, defect, any unauthorized interception of data, your registration information or submissions by third parties, delay in operation or transmission, computer virus or line/Internet or system failure relating to the Website, regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of the essential purpose of these Terms, even if ITCAN is advised of the possibility of such damages or such damages are foreseeable. Applicable law in some jurisdictions do not permit the exclusion or limitation of liability or incidental or consequential damages, and therefore the foregoing limitations may not apply to you. However, in such circumstances ITCAN’s total liability to you in the aggregate for any and all losses, damages and claims arising in any connection with these Terms and the Website shall not exceed CDN $25.00. You agree that in view of the circumstances of these Terms and the fact that you are accessing the Website and Content free of charge, the limitations upon ITCAN's liability under this these Terms are in all respects fair and reasonable, and that ITCAN would not have offered the Website or Content but for your agreement with the limitations and exclusions provided in these Terms.
You agree to defend, indemnify, and hold harmless ITCAN from and against any and all claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal fees, alleging or resulting, directly or indirectly, from or in any connection with your: (i) breach of these Terms; (ii) access to the Website or use of the Content; (iii) uploading to or other provision of or disclosure to ITCAN of any submissions and/or any other information, idea, suggestion or data and the use of same by ITCAN.
Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of the ITCAN in those jurisdictions is limited to the extent allowed by law.
V Third party links and materials
This Website includes links to external websites which are subject to their own terms and conditions. ITCAN is not responsible for the content of these external websites. These links are provided solely for convenience to you. No endorsement of any party, products or services is expressed or implied and accordingly ITCAN and its affiliates cannot accept any liability for the accuracy or otherwise of any content or the security of any activity carried out on such other sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites. Your use of such sites is at your sole risk.
VI General terms
These terms and conditions and the content of this website are governed by the laws of the Province of Québec whose courts shall have exclusive jurisdiction.
ITCAN may monitor the access to this Website and other activities in relation thereto. ITCAN may intervene, at its sole discretion, to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this Website, you consent to said monitoring should ITCAN proceed therewith and to any eventual intervention.
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.
ITCAN may modify, alter or otherwise update the terms applicable to this Website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this Website.
This Website is controlled and operated by ITCAN and is hosted in Germany. ITCAN makes no representation that the material on the Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations may do so on their own initiative and are responsible for compliance with local laws, if and to the extent said local laws are applicable.
These Terms constitute the entire agreement between ITCAN and you pertaining to your use of this Website, its services and Content and supersede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and ITCAN with respect to the subject matter hereof.
VIII Contact us
Any questions or enquiries which you have in relation to this Website or any request for ITCAN’s full Privacy Statement should be made either by using the “Contact Us” facility on this Website or by writing at the address listed below:
Imperial Tobacco Canada
Corporate and Regulatory Affairs Department/Privacy Officer
3711 Saint-Antoine Street
Montréal (Québec) Canada
Last Updated: December 2009