TERMS OF USE

EFFECTIVE APRIL 1ST, 2024

Welcome to the online publications available at knowwhatyourebuying.ca and knowwhatyourebuying.com websites (collectively, the “Website”), operated by JTI-Macdonald Corp. (“we”, “us” or “JTI”) on behalf of itself and of JTI Canada Tech Inc. (each a “Company” and collectively the “Companies”). These Terms and Conditions of Use (these “Terms”) apply to your use of the Website and the content and services provided through the Website (the “Services”). For the purpose of these Terms, the terms “user”, “you” or “your” refers to you, as a user of the Website or Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. OUR WEBSITE AND SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 18 YEARS OLD OR OLDER. IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT PERMITTED TO USE OUR WEBSITE OR SERVICES. BEING ON THIS WEBSITE IS A REPRESENTATION FROM YOU THAT YOU ARE AT LEAST 18 YEARS OLD. 

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE HAVING READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR OUR SERVICES.

We reserve the right to change these Terms at any time. We encourage you to check these Terms periodically for updates or changes. Any such changes will be effective upon posting of a new or modified version of the Terms on our Website. Your access and use of the Website will be subject to the then current version of the Terms or any other policy or guideline posted or referenced on the Website at the time of such access and/or use. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

  1. WEBSITE PRIVACY POLICY

By accessing the Website, you acknowledge that you have reviewed and understand our Privacy Policy, which is incorporated into and forms part of these Terms. Our Privacy Policy governs our collection, use, storage and disclosure of your personal information. In agreeing to these Terms, you acknowledge and agree that you have reviewed the Privacy Policy and consent to our collection, use, disclosure and other processing of your personal information in accordance with and subject to the terms of our Privacy Policy.

By using the Website, you acknowledge and agree that any information you provide to us is true, accurate, complete and current. It is your responsibility to ensure that any information you have submitted to us is up-to-date and accurate, and to update it if it is not.

  1. WEBSITE AND SERVICES DESCRIPTION 

Our Website, among other things, provides you with the ability to allow our third-party service provider to send a message to your representative Member of Provincial Parliament (MPP), Ontario Premier and/or Ontario Health Minister, on your behalf. Our third-party service provider routes your message to the MPP, Ontario Premier and/or Ontario Health Minister selected by you and delivers the message using the information that you enter into the web form submission on our Website. In submitting the message through our Website, you agree that you are responsible for the content of the message.

We reserve the right but have no obligation to: (i) restrict access to all or part of the Website or the Services; (ii) remove, add, modify, or otherwise change any content on the Website or made available through the Services; and/or (iii) impose limits on specific characteristics and/or features of the Website or the Services without notice or liability for any reason. 

  1. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT, TRADEMARKS, AND DOMAIN NAMES

All materials used or displayed on the Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by the Companies or the Companies are authorized to use or reproduce by the holder of all rights thereto and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website. 

You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not: 

  1. modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of the Companies; or
  2. remove or alter any visible or non-visible identification, marks, notices or disclaimers.

The Companies’ trademarks and logos and trademarks appearing on our Website are trademarks either owned or licensed to JT International SA and/or JTI-Macdonald TM Corp. (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). Your use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks.

You may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, the Website domain names, Third Party Marks or other proprietary information without our written consent. You may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.

  1. USE OF WEBSITE

You agree to use the Website for lawful purposes only. You may not use our Website for any illegal or unauthorized purpose, nor may you, in the access or use of the Website, violate any laws in your jurisdiction including but not limited to copyright laws. In addition to other prohibitions, restrictions or limitations set forth in these Terms, you shall not use the Website to:

  1. send more than one message to your representative MPP, Ontario Premier and/or Ontario Health Minister using the web form submission without prior authorization from JTI;
  2. submit false or misleading information;
  3. spam, phish, pharm, pretext, spider, crawl or scrape;
  4. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or other grounds of discrimination contrary to applicable law;
  5. solicit others to perform or participate in any unlawful acts;
  6. download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe our or others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;
  7. e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, e-mail, post, make available, provide access, or otherwise transmit on the Website or through the Services any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
  10. use the Website for any public or commercial purposes, without the express prior written permission of the Companies;
  11. for any obscene or immoral purpose;
  12. duplicate, copy, modify, adapt, sublicense, translate, sell, resell, exploit, reverse engineer, decompile or disassemble any portion of the Website; or
  13. collect, use, store or disclose personal information about other users.

You acknowledge and agree that the Companies are not responsible for compliance with applicable foreign local laws. You acknowledge and agree that we may investigate any alleged or potential violations of law or these Terms and in doing so, may co-operate with law enforcement authorities. JTI shall be entitled to terminate your use of the Website for violating this Section 4 and to seek an injunction in addition to any other remedies available at law or in equity.

  1. MODIFICATIONS TO THE WEBSITE

The Companies reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. The Companies reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so.

  1. HYPERLINKS

The Website may contain hyperlinks to websites operated by parties other than the Companies. These hyperlinks do not imply any endorsement or representation by the Companies of any kind or any affiliation with  the Companies of the hyperlinked website. Your access and use of such third-party sites, including any information, material, products and services therein, is solely at your own risk. We expressly disclaim any responsibility or liability, whether directly or indirectly, in connection with, or arising out of, your use of any third-party website that is hyperlinked on the Website. We encourage you to carefully review any terms, policies or practices of any third-party website.

  1. DISCLAIMER

THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. YOU EXPRESSLY AGREE THAT ALL INFORMATION PROVIDED OR MADE AVAILABLE BY US IN CONNECTION WITH WEBSITE AND THE SERVICES IS PROVIDED FOR INFORMATION PURPOSES ONLY.

THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANIES MAKE NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, CORRECTNESS OR ACCURACY OF THE WEBSITE OR ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER. We reserve the right to modify the contents of our Website at any time, but have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

To the extent permitted by law, there are no, and the Companies exclude all representations, warranties and conditions, express or implied, statutory or otherwise, including any representations, warranties or conditions: (i) of merchantable quality, fitness for a particular purpose or non-infringement; (ii) that use of the Website or Services will be uninterrupted or error-free, will comply with any laws or regulations applicable to you including any applicable laws or will meet your requirements;  or (iii) that any errors, defects, deficiencies or non-conformances in the Website or the Services will be remedied.  

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANIES, THEIR AFFILIATES, SERVICE PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES (COLLECTIVELY, THE “JTI PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR: 

  1. LOSS OF PROFITS, INCOME, REVENUES, OR OPPORTUNITIES;
  2. BUSINESS INTERRUPTION;
  3. FAILURE TO REALIZE SAVINGS; 
  4. PROPERTY DAMAGE AND PERSONAL INJURY; 
  5. VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS OR SECURITY BREACHES; 
  6. DATA CORRUPTION, DATA LOSS, OR LOSS OF ACCESS TO DATA, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; 
  7. LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES; OR 
  8. FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR INABILITY TO USE THE SERVICES OR WEBSITE, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR WEBSITE, EVEN IF THE JTI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE IN ADVANCE, AND WHETHER RESULTING FROM ANY MISREPRESENTATION, IN TORT, BY CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER.
  9. INDEMNIFICATION

You are responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by the JTI Parties; (b) any and all activities that occur under your use of the Website or Services; and (c) any and all actions and omissions by you.

You hereby agree to fully indemnify, defend and hold harmless the JTI Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from use or access by you or any person accessing the Website, the Website Content or the Third Party Content on your behalf, or violation of these Terms by any such person(s). You will assist and co-operate as fully as reasonably required by the JTI Parties in the defense of any such claim or demand.

  1. RELEASE

If you have a dispute with one or more users or parties in association with the Website or Services, you release the JTI Parties from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with such dispute(s).

  1. APPLICABLE LAW

These Terms will be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein. Any dispute between the Companies and you arising from, connected with or relating to the Website, Services, these Terms or any related matters must be resolved exclusively before the courts of Ontario, Canada, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of all such disputes.

  1. ENTIRE AGREEMENT

These Terms include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy (collectively, the “Additional Terms”). These Terms, including the Additional Terms, as they may be amended from time to time, constitute the entire agreement between you and the Companies relating to access and use of the Website and Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties with respect to such subject matter. These Terms may not be amended or modified except in writing or by making such amendments or modifications available on the Website.

  1. ASSIGNMENT

You may not assign or otherwise transfer your rights, duties or obligations hereunder. We reserve the right to assign our rights under these Terms in whole or in part at any time without notice to you.

  1. SEVERABILITY

If any provision of these Terms is found by a court of competent jurisdiction to be illegal or unenforceable, that provision shall be modified as minimally as necessary to make it legal and enforceable and still preserve the meaning and intent of the original provision; provided that if doing so is not reasonably practicable, the illegal or unenforceable provision will be severed from this Agreement, without affecting any of the remaining provisions which will continue in full force and effect.

  1. NO WAIVER

The Companies will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

  1. TERMINATION

These Terms are effective until terminated or replaced by the Companies, with or without cause, in our sole and exclusive discretion. The Companies may refuse to grant you access to the Website or Services if you fail to comply with any of these Terms. We also reserve the right to terminate or suspend your access and use of the Website or Services or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition and without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If we terminate your access to the Website or the Services (or any portion of the Website or the Services) you may not try to access the Website or the Services again without the Companies’ prior written approval. If these Terms or your permission to access or use the Website or Services are terminated for any reason, these Terms will nevertheless continue to apply and be binding upon you, in respect of prior access to or use of the Website and anything connected with, relating to or arising therefrom. 

  1. SURVIVAL

Any provision which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so. 

  1. RIGHTS

All rights not expressly granted herein are reserved.

  1. INTERPRETATION

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning of these Terms. Where the context so requires or permits, the use of the singular form includes the plural, and the use of the plural form includes the singular, and the use of any gender includes any and all genders. The terms “including”, “includes” or “include” are not intended to limit the example or list of examples that appear after the terms, and will be read as “including without limitation”, “includes without limitation” and “include without limitation”, respectively.

  1. CONTACT

Questions, comments or concerns about these Terms should be sent to JTI by e-mail at: privacy.canada@jti.com.