Company information and legal notices
AGREEMENT BETWEEN USER AND BARILLA CANADA INC.
The Barilla Canada Inc. website (“Barilla Website”), the home page of which is at https://www.barilla.com/en-ca/ is owned, operated, and maintained by Barilla Canada Inc., an Ontario corporation located in Markham, Ontario (“Barilla”).
These terms and conditions (this “Agreement”) applies to all visitors to or users of (and all persons that the user represents) the Barilla Website. It forms a contract between you and Barilla. The words “you” or “your” or “user” means any person or entity using the Barilla Website, provided that if such person is under the age of legal majority, it also includes such person’s parent or guardian.
ACCEPTANCE OF AGREEMENT
The Barilla Website and its related services are offered to you conditioned on your acceptance, without modification, of this Agreement and your use of the Barilla Website constitutes your acceptance of this Agreement.
SITE LICENSE AND ACCESS Barilla grants you a limited license to access and make personal use of the Barilla Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Barilla. This license does not include any derivative use of the Barilla Website or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barilla its parent and/or its affiliates without express written consent of Barilla. You may not use any meta tags or any other "hidden text" utilizing Barilla’s name or trademarks without the express written consent of Barilla. Any unauthorized use terminates the permission or license granted by Barilla.
You may not create a link to the Barilla Website without express written permission of Barilla. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Barilla Website so long as the link does not portray Barilla, its parent, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barilla logo or other proprietary graphic or trademark as part of the link without express written permission of Barilla.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Barilla Website, you will not use the Barilla Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Barilla Website in any manner which could damage, disable, overburden, or impair the Barilla Website (or the network(s) connected to the Barilla Website) or interfere with any other party's use and enjoyment it. You may not attempt to gain unauthorized access to the Barilla Website, or to computer systems or networks connected to the Barilla Website, through hacking, data mining or any other means.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Barilla Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Barilla Website.
MODIFICATION OF THIS AGREEMENT
Barilla reserves the right to update this Agreement without notice. You are responsible for regularly reviewing it and your continued use of the Barilla Website constitutes your agreement to such revised Agreement.
TERMINATION/ACCESS RESTRICTION TO AGE OF MAJORITY
Barilla reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Barilla Website or any portion thereof at any time, without notice. You must be at least the age of majority in the jurisdiction in which you reside to transact any business with Barilla or to submit any Personal Information to Barilla. As such, if you transact or attempt to transact any business with Barilla or submit or attempt to submit any Personal Information to Barilla, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that you possess the legal right to use the Barilla Website in accordance with this Agreement. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Barilla Website.
MATERIALS PROVIDED TO BARILLA
If you submit any feedback, suggestions, recipes, contest entries, product ideas, documents, photographs, or other communications (each a "Submission" and collectively "Submissions") to the Barilla Website or through any other means to Barilla, you are granting Barilla, its parent and its affiliated companies and its designees and sub licensees permission to use your Submission or part thereof in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Barilla is under no obligation to post or use any Submission you may provide and Barilla may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the Barilla Website (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Barilla (unless indicated otherwise) or its subsidiaries, its parent or affiliated companies, in Canada and other countries.
The Trademarks are valuable assets of Barilla and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Barilla and, as such, may only be used by Barilla or other authorized persons or entities for the benefit of Barilla and only in connection with the products and services authorized by Barilla. Any unauthorized use of the Trademarks and/or any use of any mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Barilla, its parent, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of Barilla. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the Barilla Website, including but not limited to HTML code, scripts, text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, (“Content”) and software (“Software”), is owned or licensed by and is the copyrighted work of Barilla, its parent, its affiliates and/or its suppliers and is protected by Canadian and United States copyright laws and international treaty provisions. The compilation of all content on the Barilla Website is the exclusive property of Barilla its parent and/or its affiliates and is protected by Canadian and United States copyright laws and international treaty provisions. All Software used on this site is the property of Barilla, its parent, its affiliates and/or its software suppliers and is protected by Canadian copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LINKS TO THIRD PARTY SITES
Any dealings by you with third parties (including advertisers) included within the Barilla Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Barilla shall not be responsible or liable for any part of any such dealings or promotions.
RISK OF LOSS FOR PURCHASES
All promotional items purchased from Barilla, either through the Barilla Website or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by Barilla. However, in the event that any goods shipped to you are damaged or lost, Barilla shall issue you a prompt refund for the full amount of the goods damaged or lost. Barilla’s liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE BARILLA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BARILLA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BARILLA WEBSITE AT ANY TIME. BARILLA, ITS PARENT, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION CONTAINED WITHIN THE BARILLA WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BARILLA, ITS PARENT, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT NEITHER BARILLA, ITS PARENT, NOR ANY OF ITS AFFILIATES SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BARILLA WEBSITE.
IN NO EVENT SHALL BARILLA, ITS PARENT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BARILLA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BARILLA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THE BARILLA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BARILLA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED. IN ANY EVENT, BARILLA ITS PARENT AND ITS AFFILIATES’ LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BARILLA TO ACCESS THE BARILLA WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST BARILLA OR ITS PARENT OR ITS AFFILIATES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BARILLA WEBSITE, OR WITH ANY PART OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BARILLA WEBSITE.
You agree to indemnify and hold Barilla, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Barilla Website and/or any information, software, or products obtained through the Barilla Website and/or from Barilla.
This Agreement and any disputes about it or claims against Barilla, relating to Barilla’s trademarks or other intellectual property, or privacy shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law and shall be submitted to a court located in Toronto, Ontario, Canada. You irrevocably consent to exclusive jurisdiction and venue in such courts. The language of any proceeding arising under this Agreement shall be in English. Use of the Barilla Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Applicable Law section.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
You acknowledge and agree this Agreement and all communications and documents relating hereto be expressed in the English language. Les parties aux présentes qui sont résidents au Canada ont exigé que ce contrat d'utilisation ainsi que tous les communications et documents s'y rattachant soient exprimés dans la langue anglaise. You further acknowledge and agree that all communications and documents between you and Barilla with respect to your use of the Barilla Website may take place electronically and that all such electronic notices, agreements, and other communications from Barilla shall be the legal equivalent of written communications.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Barilla with respect to the Barilla Website and it supersedes all prior communications, whether electronic, oral or written, between the user and Barilla with respect to the Barilla Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions, comments, or concerns, please contact our customer service department, without charge, via e-mail or by telephone at 1-800-922-7455.
Rev: June 19, 2017