Terms of Use

Legal

The products or services mentioned in this website are intended for Canadian consumers only and the claims made here relate solely to the products and services sold or provided by Upfield Canada Inc.

This website (“Site”) is provided for your information and entertainment, and we hope you enjoy using it. Any products or services mentioned on this Site are intended for Canadian consumers only and the claims made on this Site relate solely to products and services sold or provided by Upfield Canada Inc. (“Upfield Canada” or “we”). Please browse the Site and make use of its various features, but please be aware that your use of the Site is subject to the following terms and conditions (“Terms of Use”).

By using the Site, you agree to these Terms of Use. If you do not agree to be legally bound by these Terms of Use, please do not use this Site. We suggest you print a copy of these Terms of Use for your records.

This Site is owned and operated by Upfield Canada. The Site contains material which is derived in whole or in part from material supplied by Upfield Canada and/or its parent company, affiliates or subsidiaries.

Upfield Canada may, in its sole and absolute discretion and at any time with or without notice, modify, suspend or discontinue this Site or specific portions of it. We will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications, suspensions or discontinuance.

Your access to and use of this Site constitutes your agreement with Upfield Canada to be legally bound by, and to act in accordance with, these Terms of Use and all applicable laws and regulations as they may change from time to time. From time to time, Upfield Canada may make available as part of this Site or through another platform, specific features that may require you to download content, Software (defined below) and/or agree to additional terms and conditions, policies and disclaimers.

Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature (but only to the extent of the conflict).

You may terminate your use of this Site at any time. Upfield Canada may suspend, discontinue or terminate your access to or use of this Site at any time immediately and without prior notice or obligation to you: (i) if you violate any of the terms contained in these Terms of Use as determined by Upfield Canada in its sole and absolute discretion; or (ii) for any other reason in Upfield Canada's sole and absolute discretion.

Upfield Canada may notify you of any such suspension, discontinuance or termination by posting a notice on this Site, on any webpage opened when using this Site, by email to an email address you have provided to Upfield Canada upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Site during the period of suspension (for a suspension) or permanently (for a discontinuance or termination).

Upon any discontinuance or termination of your use of this Site, you must uninstall any Software downloaded from this Site and promptly destroy all Materials (as defined below) obtained through this Site, as well as any copies of such Materials. You agree that Upfield Canada shall not be liable, directly or indirectly, to you or any other person or entity for any suspension, discontinuance, termination, change or modification of your use of or access to this Site.

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. If we do this, we will post the revised Terms of Use on this Site and will indicate at the top of this page the date these Terms of Use were last revised. Where required by law, for existing users, we will provide you with notice of any such change to the Service at least thirty (30) days before the amendment comes into effect, indicating the new clause, or the amended clause and the clause as it read formerly, using any contact information we may have available for you. You may refuse the change and rescind, or cancel your use of the Site without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the change comes into force, using the information in the notice. To the fullest extent permitted under applicable law, your continued use of the Site reaffirms your continuing agreement to the then-current Terms of Use.

All ownership rights and title in and to this Site, including all text, designs, images, videos, graphics, Software and other content and materials on the Site (collectively, "Materials"), are owned by Upfield Canada and its licensors. Upfield Canada also owns or has a valid right to use all trade-marks, service marks, logos and trade names used on this Site (collectively, "Trade-marks"). All Trade-marks not owned by Upfield Canada and referenced in this Site are and shall remain the sole and exclusive property of their respective owner(s).

Upfield Canada grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Site (including any Materials) and to download one copy of the Materials on any single computer [or device] for your own personal, non-commercial home use strictly in accordance with these Terms of Use and provided you keep intact all original copyright, trade-mark and other notices in their original form. Upfield Canada may, in its sole and absolute discretion, suspend, discontinue or terminate this license at any time for any reason.

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all original copyright, trade-mark and other notices in their original form. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Site or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Site, as determined by Upfield Canada in its sole and absolute discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Upfield Canada's copyright and other proprietary rights. The use of any such Materials in such a manner without Upfield Canada's prior written consent is strictly prohibited. Your use of the Trade-marks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Upfield Canada, is strictly prohibited. All rights not expressly granted to you are reserved by Upfield Canada.

For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with Upfield Canada’s ownership of the Site and/or Upfield Canada’s ownership of, or any third party’s ownership of, any Materials or Trade-marks.

Certain features and/or portions of this Site may be password-protected and may require you to complete a registration process in order to obtain access and/or participate.

When registering to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Site, or any features or portions of the Site.

You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s).

It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, and you are solely responsible for any and all activities which occur under your user account.

From time to time Upfield Canada may make available as part of the Materials on this Site particular software including files, images and data relating to the software (the "Software"). You do not own the Software, and Upfield Canada does not transfer ownership of the Software to you.

Upfield Canada retains full ownership of and title to the Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. If you download Software from this Site, you represent and warrant to Upfield Canada that you are not acting in violation of these Terms of Use or any applicable laws.

If permitted or available through the Site, to (a) upload content to the Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Upfield Canada makes the Site available as well as any carrier services necessary to download content, and pay any carrier fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). For details, consult your agreement with your carrier.

In addition, you must provide all equipment and software necessary to connect to the Site, including, but not limited to, if the Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the Site. Any equipment or software causing interference will be immediately disconnected from the Site and Upfield Canada will have the right to immediately terminate this Agreement.

If any upgrade in or to the Site requires changes in your equipment or software (including the operating system for your device), you must effect such changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products and Sites, will be subject to the terms and conditions of this Agreement.

For information on how Upfield Canada uses and protects the personal information you may provide on this Site, please read the Upfield Privacy Policy (“Privacy Policy”) at: http://upfield.com/privacypolicy/en_ca.html. The Privacy Policy is incorporated into these Terms of Use and explains Upfield Canada's privacy practices. By using the Site, you agree to the terms of the Privacy Policy.

In using or accessing this Site, you agree, without limitation:

  • not to use this Site in breach of these Terms of Use;
  • not to use this Site for commercial purposes;
  • not to "spam" others or "phish" for others' personal information;
  • not to disrupt or interfere with the security of, or otherwise abuse, this Site, or any part this Site;
  • not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  • not to use, frame or utilize framing techniques to enclose any part of this Site without Upfield Canada's express prior written consent;
  • not to use meta tags or any other "hidden text" utilizing any Trade-mark without Upfield Canada's prior express written consent;
  • not to "deeplink" to this Site without Upfield Canada's express prior written consent;
  • not to create or use a false identity on this Site;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
  • not to transmit to us or to another Site user any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
  • not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so;
  • not to use the features of this Site at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use and the features and functionality of the Site as provided by Upfield Canada. Such restricted web sites shall include, without limitation, blogs and other online publications; and
  • not to use this Site in breach of any Third Party Site's terms and conditions.
  • In addition, you agree that you will comply with all applicable local, provincial/territorial, national and international laws, regulations and other legal requirements that relate to your use of or activities in connection with this Site. You also agree to act consistently with the requirements set forth in these Terms of Use and the requirements of Upfield Canada.

    You agree to immediately notify Upfield Canada if you are aware of or suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify Upfield Canada, or we otherwise suspect such activity, you agree to cooperate with Upfield Canada in any investigation and to use any prevention measures we prescribe.

    Certain portions of the Site may permit you to post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social networks, or an Upfield Canada-hosted discussion forum, and communications with other Site users.

    In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trade-mark, privacy and publicity rights) unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the rights granted herein;
  • include any material that by itself or by its use as permitted in these Terms of Use, infringes upon or violates the rights of any person or entity or any applicable laws;
  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • contain advertisements or solicitations of any funds, goods or services;
  • is a communication by a user impersonating another user;
  • contain personal information, such as messages which identify telephone numbers, social security numbers, accounts numbers or addresses; or
  • could be considered bulk unsolicited communications.
  • By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Upfield Canada through this Site, whether solicited or unsolicited, you agree: (i) that you are granting Upfield Canada a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, translate, edit, modify, adapt, perform, display, create derivative works from and otherwise use such User Submissions for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated; and (ii) to waive all moral rights in and to your User Submissions in favour of Upfield Canada and anyone authorized by Upfield Canada to reproduce or otherwise use the User Submissions.

    No credit, approval or compensation is due to you for any such use of User Submissions you may submit. Upfield Canada also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Submissions), city and province/territory in connection with broadcast, print, online or other use or publication of your User Submissions. All User Submissions become the unrestricted licensed property of Upfield Canada.

    By posting or transmitting User Submissions through or to the Site, you authorize Upfield Canada to make such copies thereof and retain such User Submissions as Upfield Canada deems necessary to facilitate the posting or storage of the User Submission with Upfield Canada.

    You represent and warrant that neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws. All User Submissions must comply with the User Code of Conduct set forth above.

    Although Upfield Canada is under no obligation to review or monitor User Submissions, Upfield Canada reserves the absolute right to do so in its sole and absolute discretion. In addition, Upfield Canada reserves the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Upfield Canada also reserves the right to terminate your access to the Site if you violate any of these Terms of Use or our policies, as determined in our sole and absolute discretion.

    You agree that Upfield Canada does not have any obligation to use or respond to any User Submissions. Upfield Canada has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Upfield Canada expressly disclaims any responsibility for User Submissions.

    If you are aware of any User Submissions on this Site which violate these Terms of Use, please contact us by calling 1-888-807-9723 or contacting us at https://www.becel.ca/en/contact-information. Please provide as much detail as possible, including a copy of the underlying material, the location where Upfield Canada may find it, and the reason (in your opinion) why such User Submissions should be removed.

    Please note that filing a complaint will not guarantee its removal. Upfield Canada will only remove User Submissions if Upfield Canada believes the measure is necessary, in our sole and absolute discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Concerns." In no event does Upfield Canada assume any liability for failing to either monitor or remove specific User Submissions.

    Upfield Canada will fully cooperate with any law enforcement authorities or court order requesting or directing Upfield Canada to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Upfield Canada may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Upfield Canada, its customers or the public.

    For any voting/rating features that are available on this Site, you must follow instructions on this Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be subject to immediate disqualification. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us, in our sole and absolute discretion, may be void.

    Upfield Canada assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Upfield Canada may, at its sole and absolute discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating.

    Upfield Canada reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Upfield Canada's decisions with respect to all aspects of any voting/rating element are final and binding without right of appeal, including, but not limited to, decisions with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters.

    You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as on one of our social media sites like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

    Any sweepstakes, contests, games and/or promotional offers accessible on this Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Site, you will be subject to those rules and/or terms and conditions.

    It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the applicable sweepstakes, contest, game or promotional offer will govern, but only to the extent of the conflict.

    Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Site (such as those on one of our social media sites like Facebook or Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

    Upfield Canada offers this Site to users within Canada. Unless otherwise specified on or by this Site, this Site is intended to promote only those Upfield Canada products that are sold by Upfield Canada in Canada, and Upfield Canada makes no representation that materials on this Site or the products described thereby are appropriate or available for use in other locations. All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site.

    For your convenience and enjoyment, this Site may provide links to other third party web sites on the World Wide Web that are not operated by Upfield Canada ("Third Party Site"). Upfield Canada has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites.

    Upfield Canada may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Upfield Canada to, or an endorsement by Upfield Canada of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site.

    Upfield Canada is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Upfield Canada is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

    If you share any information about any Upfield Canada products through a social network platform, including through links provided by Upfield Canada through the Site, you may be able to post such information directly to your profile at the social networking platform without leaving the Site. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by Upfield Canada, the data is in fact collected directly by the social networking platform. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. By making any content available through the Site, you represent and warrant that you hold all rights necessary to do so.

    THE MATERIALS ON THIS SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UPFIELD CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    UPFIELD CANADA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. UPFIELD CANADA UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

    IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SITE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. UPFIELD CANADA IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND UPFIELD CANADA DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, UPFIELD CANADA CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SITE.

    YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SITE, UPFIELD CANADA IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF UPFIELD CANADA OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS.

    UPFIELD CANADA ENDEAVOURS TO MAINTAIN THIS SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UPFIELD CANADA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    UPFIELD CANADA MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED.

    YOU (AND NOT ANY OF THE UPFIELD PARTIES, DEFINED BELOW) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL UPFIELD CANADA, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE AGENTS, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "UPFIELD PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE.

    THE UPFIELD PARTIES SHALL NOT BE LIABLE EVEN IF UPFIELD CANADA OR A UPFIELD CANADA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

    Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Upfield Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.

    You hereby agree to defend, indemnify and hold the Upfield Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney's fees, relating to or arising out of your use of this Site, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of applicable laws, or your violation of any rights of another person or entity.

    If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information at: https://www.becel.ca/en/contact-information.

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located, with enough detail that we may find it;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements set out above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

    We suggest that you consult your legal advisor before filing a notice with us.

    We may, in appropriate circumstances and in our sole and absolute discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.

    For users who are not an individual resident in Quebec, these Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the domestic laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflicts of law principles.

    For users who are not an individual resident in Quebec, any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the courts of the Province of Ontario in the city of Toronto. Upfield Canada and you hereby accept and submit to the personal jurisdiction of these Toronto courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

    For users who are an individual resident in Quebec, these Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the domestic laws of the Province of Quebec and the laws of Canada applicable therein, without reference to its conflicts of law principles.

    For users who are an individual resident in Quebec, any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the courts of the Province of Quebec in the city of Montreal. Upfield Canada and you hereby accept and submit to the personal jurisdiction of these Montreal courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

    The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Upfield Parties do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information).

    In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

    While we take effort to help ensure that software provided on the Site is suitable for use on a wide variety of computer systems and devices, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

    If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    No failure on the part of Upfield Canada to enforce any part of these Terms of Use shall constitute a waiver of any of Upfield Canada's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Upfield Canada nor the reliance of any person on Upfield Canada's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Upfield Canada shall have any legal effect whatsoever.

    The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser.