These terms and conditions govern the access to and use of the publication website dumaurier.ca (interchangeably the “Website” or the “Platform”). dumaurier.ca is a website for smokers of legal age in their jurisdiction of residence to consume tobacco products created by Imperial Tobacco Canada “Imperial Tobacco”. By registering at dumaurier.ca and further using and accessing your dumaurier.ca account, you agree to and accept these terms and conditions of use (the “Terms and Conditions”) without limitations or qualifications. If you do not agree to be bound by the Terms and Conditions, whether in whole or in part, your sole recourse is to leave the Website immediately and not access or use dumaurier.ca.
In these Terms, “Imperial Tobacco”, “ITCAN”, “we”, “us” and “our” are used to refer to Imperial Tobacco Canada Limited and its affiliates.
dumaurier.ca is offered to you by Imperial Tobacco conditionally upon your acceptance of the Terms and Conditions set out herein, as well as any amendments or additional terms, policies or procedures published on dumaurier.ca or elsewhere from time to time by Imperial Tobacco. Imperial Tobacco reserves the right to make changes to dumaurier.ca, to these disclaimers and to these Terms and Conditions at any time without notice. You should check these Terms and Conditions from time to time to keep informed of any such amendments or additions. By accessing and using your dumaurier.ca account, you are deemed to have agreed to and are bound by such Terms and Conditions as are in effect at the time you access or use dumaurier.ca. Imperial Tobacco shall have the right at any time and without notice, to change or discontinue all or any aspect or feature of dumaurier.ca, including, but not limited to, content, hours of availability and equipment needed for access or use.
dumaurier.ca was created for adult smokers of legal age to consume tobacco products in their jurisdiction of residence. The identity of all users must be verified, and users must pass an age verification process in order to register for dumaurier.ca. You may access and use your dumaurier.ca account only for the purposes expressly permitted by the Website, namely to register and become a member of dumaurier.ca to have access to tobacco advertising, namely product information and brand preference advertising regarding tobacco products; and to receive electronic communications as set out in the Notification section below.
Imperial Tobacco maintains the dumaurier.ca content that requires an account ONLY for adult smokers identified by name and of legal age to consume tobacco products in their jurisdiction of residence. The use of dumaurier.ca accounts by persons who are not of legal age to consume tobacco products in their jurisdiction of residence is strictly forbidden. Upon joining and becoming a member of dumaurier.ca, you certify that you are of legal age to consume tobacco products in the jurisdiction where you reside and that you have not provided false information on your registration and have not impersonated anyone else.
It is a strict condition of your use of your dumaurier.ca account that all the information you provide for any reason be correct, current and complete. If Imperial Tobacco has any reason to believe that the information that you provided is not correct, current or complete, or that you are not of legal age to consumer tobacco products, or reside in a jurisdiction where dumaurier.ca is not available, Imperial Tobacco reserves the right to refuse to grant you access to the dumaurier.ca content that requires an account and to suspend or close your account at any time.
By providing your email address to Imperial Tobacco and registering for a dumaurier.ca account and providing your consent for these purposes (where applicable), you will receive electronic communications regarding dumaurier.ca, your dumaurier.ca account, tobacco product information and/or brand preference advertising of tobacco products, reminders, surveys, and announcements. Individuals registered on dumaurier.ca can, at any time, unsubscribe from receiving commercial electronic notifications, or manage their notifications by clicking the unsubscribe mechanism contained in each notification or by logging into dumaurier.ca and editing their account settings. Users who unsubscribe from receiving commercial electronic notifications may continue to receive certain transactional and/or account-related electronic messages. Users can also close their dumaurier.ca account by contacting us at 1-800-932-9326 or at email@example.com.
You shall use dumaurier.ca for lawful purposes only. The contents of dumaurier.ca that require an account are only intended for and must only be accessed by adult smokers who are of legal age to consume tobacco products in their jurisdiction of residence and who have registered with dumaurier.ca. Notwithstanding the foregoing, Imperial Tobacco has the right, in its sole discretion, to deny any person access to dumaurier.ca or any portion thereof without notice. Without limiting the foregoing, Imperial Tobacco has the right to terminate your access to your dumaurier.ca account for any reason and at any time, including (but not only) if you remain inactive on your dumaurier.ca account for any length of time. Without limiting the generality of the foregoing, Imperial Tobacco has the right to terminate your access immediately where your conduct is unacceptable or where you have breached any of these Terms and Conditions or any other rule applicable on dumaurier.ca, the whole as determined by Imperial Tobacco in its sole discretion.
The dumaurier.ca content that requires an account is not available in every province of Canada due to applicable laws. You are prohibited from registering for, accessing or using a dumaurier.ca account from any province in which publications containing tobacco advertising are not permitted, such as Quebec and Nova Scotia. Any attempt to circumvent dumaurier.ca’s geographic controls is strictly prohibited. Imperial Tobacco reserves the right to close your dumaurier.ca account if it becomes aware of or has any reason to believe that your use of dumaurier.ca violates these Terms and Conditions or is prohibited by applicable law, or for any other reason at its sole discretion.
Imperial Tobacco welcomes your comments and input, including those about dumaurier.ca. Unfortunately, Imperial Tobacco will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us by any means any unsolicited ideas, suggestions or materials, such ideas suggestions and materials will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Website and may be used by Imperial Tobacco without restriction, acknowledgement or credit.
You are responsible for your use of dumaurier.ca, for any information and/or content that you transmit via dumaurier.ca, and for any consequences thereof. Any content you submit and activities in which you participate on dumaurier.ca can be viewed by Imperial Tobacco.
Any password(s) for dumaurier.ca are for your individual, personal use only. You are solely responsible for the security of your password. Imperial Tobacco may monitor use of dumaurier.ca under your password and may, at its sole discretion and for whatever reason require you to change your password.
Only persons duly registered with dumaurier.ca may access the contents of the site that require an account. It is STRICTLY FORBIDDEN for you to disclose your password to any other person, or to allow others to use your account, and Imperial Tobacco and its officers, directors and employees will not be responsible for the use of your dumaurier.ca account and/or profile by any other person.
You agree to inform Imperial Tobacco immediately by telephone (1-800-932-9326) or by email at firstname.lastname@example.org upon becoming aware of any known or suspected unauthorized use(s) of your username or password, or any breach of security, if at any time your password is, or you have reason to believe it has been, lost, stolen, disclosed, or otherwise compromised.
You are prohibited from compromising security or tampering with system resources and/or accounts relating to dumaurier.ca or attempting to do so. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, network probing tools, etc.) is strictly prohibited.
Copyright © 2019 Imperial Tobacco Canada Limited. All rights reserved.
Imperial Tobacco either owns the intellectual property rights in any and all content on dumaurier.ca, including the underlying HTML, text, audio clips, video clips and other content on dumaurier.ca (including the organization and layout of dumaurier.ca), or has obtained the permission of the owner of the intellectual property in such content to use it on dumaurier.ca. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute, transmit, prepare derivative works based on, re-post or otherwise use any of the any of the content of dumaurier.ca without authorization.
The trade-marks and logos on dumaurier.ca are registered and unregistered trade-marks and intellectual property of Imperial Tobacco or are used by Imperial Tobacco under license from, or with the consent of, their respective owners. The names of all products and services mentioned on our Platform and website are the trade-marks of their respective owners. The display of trade-marks, logos or trade names on dumaurier.ca does not convey or create any license or other rights in these marks, logos or names. Any unauthorized use of them is strictly prohibited.
As a member of dumaurier.ca, you agree that any content or information you submit, store, transmit, download, upload or distribute on or about dumaurier.ca (“User Content”) shall be in compliance with these Terms and Conditions and applicable law. Without limiting the foregoing, you agree that such content:
(1) will NOT disclose any non-public, sensitive, proprietary or confidential information other than what is publicly available without the proper authorization to do so;
(2) will NOT disclose any Personal Information about any third party without the proper authorization to do so;
(3) will NOT use another person’s name, image or likeness without their consent;
(4) will NOT constitute false information, including but not limited to false information about yourself;
(5) will NOT be threatening, abusive, libelous, defamatory, obscene, legally objectionable or in bad taste, such as (but not limited to) nudity or partial nudity;
(6) will NOT constitute, encourage or condone:
– a criminal offense or give rise to civil liability;
– any form of violence, hatred or harassment;
– any form of discrimination on any ground covered by federal, provincial and territorial human rights legislation in Canada, such as religion, race, colour, sexual orientation, disability, etc.;
(7) will NOT contravene any applicable law, regulation, guidelines or industry standard, as determined by Imperial Tobacco;
(8) will NOT involve the unauthorized use of information, software, music, trade-marks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right;
(9) will NOT promote, communicate, depict or encourage:
– tobacco products and tobacco-related products;
– the consumption of tobacco by non-smokers;
– the consumption of tobacco by individuals who appear to be or are under legal age;
– the consumption of tobacco in general;
(10) will NOT constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; AND
(11) will NOT contain a virus, Trojan horse, worm, or other harmful or disruptive component and/or software.
At any time and without notice, Imperial Tobacco shall have the right (but not the obligation), in its sole discretion, to screen, review, edit, refuse to post, disallow, or remove any User Content submitted to, or posted by you on dumaurier.ca for any reason or no reason, including User Content that appears to violate these Terms and Conditions, other Imperial Tobacco policies, any operating rules established by Imperial Tobacco, or that is otherwise objectionable, or to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request.
By posting User Content, you grant ITCAN an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, sub-license, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create derivative works of, incorporate into other works, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, and you waive all moral rights you may have therein.
The content of dumaurier.ca that requires an account contains tobacco advertising, that is to say information advertising and/or brand preference advertising of tobacco products (hereinafter “Tobacco Advertising Content”). This Tobacco Advertising Content is intended for individual users registered with dumaurier.ca who are adult smokers of legal age to consume tobacco products only.
YOU MAY NOT IN ANY WAY REPRODUCE OR COPY (IN WHOLE OR IN PART, DIGITALLY, PHYSICALLY OR OTHERWISE), FORWARD, TRANSMIT, SHOW, SHARE OR POST (INCLUDING ON SOCIAL MEDIA, BLOGS, OR OTHERWISE), ANY TOBACCO ADVERTISING CONTENT FOUND ON DUMAURIER.CA. This prohibition applies whatever the intention or purpose of the prohibited action(s).
For further clarity and without limiting anything above, you must not post Tobacco Advertising Content from, related to or about DUMAURIER.CA, Imperial Tobacco or its products, in whole or part, on social networking sites, blog sites, chat forums or other ‘user-generated content’ sites such as You Tube or Facebook. No statements about Imperial Tobacco, its products or affiliated companies may be made by you on the internet, on any blog, social networking sites or other “user generated content sites”.
Without limiting the generality of any of these TERMS AND CONDITIONS, YOU MAY NOT:
a) make any commercial use of any of the content of dumaurier.ca;
b) co-brand the Website – for the purposes of these Terms and Conditions, co-branding means to display a name, logo, trademark or other in any other way identify a third party in a manner that is reasonably likely to result in confusion regarding the nature of the relationship between this third party and Imperial Tobacco;
c) frame dumaurier.ca;
d) hyperlink to dumaurier.ca;
e) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
f) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
g) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
h) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
i) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
Any action and/or activity on your part related to your registration, access and/or use of dumaurier.ca is DONE AT YOUR OWN RISK. Should any such action and/or activity contravene the federal Tobacco and Vaping Products Act, you could personally be liable for heavy fines or even imprisonment.
The federal Tobacco and Vaping Products Act generally prohibits the promotion of tobacco with only very limited exceptions. The provisions of the federal Tobacco and Vaping Products Act apply to everyone, including individual users of dumaurier.ca.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION TOBACCO ADVERTISING CONTENT AND THIRD PARTY CONTENT), IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IMPERIAL TOBACCO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IMPERIAL TOBACCO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CONTENT (INCLUDING WITHOUT LIMITATION TOBACCO ADVERTISING CONTENT AND THIRD PARTY CONTENT) ON THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT.
IN NO EVENT SHALL IMPERIAL TOBACCO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT (INCLUDING WITHOUT LIMITATION TOBACCO ADVERTISING CONTENT AND THIRD PARTY CONTENT) OR SERVICES, EVEN IF IMPERIAL TOBACCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By registering for, accessing and/or using dumaurier.ca, you agree that YOU DO SO AT YOUR OWN RISK. YOU SUBMIT AND TRANSMIT CONTENT, INCLUDING PERSONAL INFORMATION ABOUT YOURSELF AND OTHERS, AT YOUR OWN RISK. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. TOLERANCE OF ANY ACTIONS CONTRARY TO THESE TERMS AND CONDITIONS ON THE PART OF IMPERIAL TOBACCO, REGARDLESS OF ITS DURATION, SHALL NOT BE CONSTRUED AS A WAIVER UNDER ANY CIRCUMSTANCES. ALSO KNOW THAT YOU MAY BE PROSECUTED BY SAID THIRD-PARTIES AND THAT IMPERIAL TOBACCO SHALL NOT ASSUME YOUR DEFENSE NOR THE COST THEREOF AND SHALL NOT HOLD YOU HARMLESS NOR INDEMNIFY YOU. If your use of dumaurier.ca or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Imperial Tobacco is not responsible for those costs.
Without limiting the foregoing, you agree that under no circumstances shall Imperial Tobacco be held responsible or liable for situations where the data stored or communicated through dumaurier.ca are accessed by third parties through illegal or illicit means.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IMPERIAL TOBACCO, ITS AFFILIATES AND PARTNERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MONITORING DUMAURIER.CA, FROM AND AGAINST ALL LOSSES, FINES, PENALTIES, CLAIMS, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR DISBURSEMENTS) AND FROM ANY LIABILITIES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, OR ANY OTHER LOSSES INCLUDING ANY LOST INCOME, LOST DATA OR DAMAGE TO ANY COMPUTER SYSTEM, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTORILY, OR OTHERWISE, IN CONNECTION WITH (I) REGISTRATION FOR, ACCESS TO OR USE OF DUMAURIER.CA OR IN THE DELAY OR INABILITY TO USE DUMAURIER.CA; OR (II) ANY CONTENT (INCLUDING WITHOUT LIMITATION TOBACCO ADVERTISING CONTENT AND THIRD PARTY CONTENT), INFORMATION, DATA, COMMUNICATIONS, ACTIVITIES, PRODUCTS OR SERVICES ASSOCIATED WITH DUMAURIER.CA; OR (III) YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO FROM DUMAURIER.CA; OR (IV) ANY CONTENT YOU POST, SUBMIT, UPLOAD, DISTRIBUTE ON OR ABOUT DUMAURIER.CA AND/OR ITS CONTENT; OR (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS IN CONNECTION WITH YOUR USE OF DUMAURIER.CA; OR (VI) ANYTHING OTHERWISE, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ALLOWING MINORS TO USE OR VIEW YOUR DUMAURIER.CA ACCOUNT, OR ANYTHING CAUSED BY ANY TRANSMISSION DEFECTS, VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF IMPERIAL TOBACCO HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY OR DAMAGES.
THE FAILURE BY IMPERIAL TOBACCO, AT ANY TIME OR FOR ANY PERIOD OF TIME, TO EXERCISE OR AVAIL ITSELF STRICTLY OF ANY RIGHT, REMEDY, OR PROVISION PURSUANT TO THESE TERMS AND CONDITIONS OR AVAILABLE AT LAW SHALL NOT BE CONSTRUED AS A WAIVER OF SUCH RIGHT, REMEDY, OR PROVISION, OR OF ANY OTHER RIGHT, REMEDY, OR PROVISION OF THESE TERMS AND CONDITIONS OR AVAILABLE AT LAW OR OF THE RIGHT TO ENFORCE OR TAKE ADVANTAGE OF SAME.
The laws of the Province of Ontario, and the federal laws of Canada applicable therein, shall govern dumaurier.ca, its content and use, including these disclaimers and Terms and Conditions, and any action related thereto.
These Terms and Conditions and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Imperial Tobacco with respect to the use of the Website.
If you have any questions or comments regarding these Terms and Conditions, please contact us by telephone (1-800-932-9326) or email at email@example.com