TERMS AND CONDITIONS

Please read the following terms and conditions carefully before using the danone.ca web site and pages to which it links which refer to the present terms and conditions of use (collectively referred to as the « Site »).

This Site is governed by applicable provincial laws of Quebec and the federal laws of Canada applicable therein. Use of the Site constitutes consent to the application of those laws, as well as of the following terms and conditions, including the Privacy Policy referred to herein and the Disclaimer (collectively the « Terms and Conditions »).

IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT USE THIS SITE.

This Site is made available to you conditional on your acceptance of the Terms and Conditions set forth herein. By visiting or using this Site, including without limitation to, access, use, download, upload, send (collectively “Use”) Content, you agree on your own behalf, and on behalf of any person on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of the Site.

Content includes without limitation messages, information, data, text, software or images, or other content, articles, photographs, images, illustrations, audio clips, video clips and other materials or content available or posted on the Site (collectively, the “Content”).

This Site is only intended for Use by users residing within Canada.

Portions of the Site may refer to and be governed by other rules, terms, conditions or policies (collectively referred to as the “Other Terms”). All Other Terms are hereby incorporated by reference into these Terms and Conditions. In the event of a conflict between any Other Terms and the present Terms and Conditions, the letter shall prevail.

Your Use of the Site confirms your unconditional agreement to be bound by these Terms and Conditions and by the Other Conditions, if any.

Danone Canada has the right to amend the Terms and Conditions at any time, from time to time, and in any way, and may do so without prior notice. Any such modification shall be effective upon it being posted on the Site. By your access to this Site, you agree to periodically review the Terms and Conditions and you agree that you shall be bound by any such future modifications.

While visiting the Site you may not: post, upload, publish, reproduce, transmit or otherwise distribute information or other material: (i) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (ii) which is protected by copyright, other intellectual property right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or (iii) otherwise use this site in a manner which is contrary to law, including by posting or transmitting any information or software which contains a virus, trojan horse, worm or other harmful or disruptive component.

Privacy and Personal Information

You may be required to set up an account to use all or part of the Site and you may have to provide information about yourself. For information on how this and other user information is collected, used and disclosed during your use of the Site, please consult our Privacy Policy. The present Terms and conditions and the Disclaimer also apply to our Privacy Policy.

Rules of Conduct

Danone Canada hereby authorises any person to Use the Site, subject to the following:

• • Use of the Site must be solely for informational purposes.
• • Use of the Site must be solely for internal purposes and may not be used to commercialise any product or for any commercial purposes and you agree not to resell, distribute, transfer, share or otherwise Use the Site or any portion thereof, including any coupons or credits for any commercial purposes whatsoever.
• • Caching, mirror server system, proxy / ante-memory system must be used solely for temporary copying and when such reproductions are essential for technological process.
• • Any Content must be used solely in accordance with applicable laws.
• • Any copy or printout of any documents or portion thereof must include this notice and all of the text contained on this page under the heading “Copyright”.
• • Any links to the Site must be made solely to the main page (danone.ca). The presence of a link shall not imply endorsement or any commercial relationship whatsoever to the organization that links the Site.
• • Framing is not permitted.
• • Trademarks of Danone Canada trade-names, distinctive signs or essential features must not be used in source code or other programming languages to manipulate search engines or other referring system.
• • You agree to only post Content that is proper and not to post any inappropriate, defamatory, obscene, indecent or unlawful Content or information constituting or encouraging a criminal offense.

Intellectual Property

Danone Canada grants you a revocable, Canadian, non-exclusive, non-transferable, non-sublicensable, limited right to Use the Site, subject to the present Terms and Conditions. You may download or make any single copy of all or part of the Content for your own personal use, provided you include thereon Danone Canada’s copyright and/or trademark notices. Notwithstanding rights held by any third party in incorporated elements or software, the Danone Canada Site is an original compilation of independent works and its “look and feel”, including the Content, data, source code or other materials is protected by copyright and is owned or controlled by Danone Canada and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all copyright notices, information and restrictions contained in any Content.

Any product, process, or technology described in the Site may be subject to other intellectual property rights reserved by Danone Canada or any third party as the case may be. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Danone or any third party. Except as provided above, nothing contained herein shall be construed as conferring any license or right under any Danone Canada or third party copyright.

The trademarks, logos, and service marks, including but not limited to the marks listed below, and other names, logos and icons identifying Danone Canada, its affiliates and their respective products and services (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Danone Canada, its affiliates and others, as the case may be. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of Danone Canada or such third party that may own the Trademarks. Your misuse of the Trademarks displayed on the Site, or any other Content on the Site is strictly prohibited. You are also advised that Danone Canada will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Responsibility for Minors

By allowing a minor to use the Site, you acknowledge that you are fully responsible for his/her conduct and Use of the Site. You acknowledge that the Site may contain Content that is inappropriate for minors. IF YOU ARE A MINOR, PLEASE OBTAIN YOUR PARENT’S PERMISSION TO USE THE SITE AND ENSURE THAT HE/SHE READS THESE TERMS AND CONDITIONS.

User and third-party Content

You acknowledge that Danone Canada does not have an obligation to monitor any Content, accessible through the Site. However, you agree that Danone Canada has the right to monitor the Site from time to time and to disclose any information as necessary or required to comply with applicable laws, regulations or administrative or judicial requests, to operate the Site properly, to ensure the enforcement of and the compliance with the Terms and Conditions.

Danone Canada reserves the right to remove any Content that is deemed offensive or inappropriate by Danone Canada, in its sole discretion. This can include, without limitation:

• a) advertisements or charitable solicitations;
• b) illegal, profane, defamatory or libellous Content;
• c) disturbing, obscene, pornographic or otherwise offensive (graphically or in tone) Content;
• d) threatening, harassing, disparaging or violent Content or behaviour towards fans, Danone Canada, any Danone Canada affiliates or team members or any other party;
• e) Content condoning or promoting illegal activity;
• f) Content which is fraudulent, deceptive or misleading;
• g) Content which is off topic;
• h) Content which violates the Terms and Conditions or Other Conditions, if applicable;
• i) Content or any software which contains spam, a virus, defect or other harmful or disruptive component or which is intended to cause technical disruptions to the Site;
• j) Content which violates another party’s intellectual property rights; or
• k) Content which violates any local, provincial, federal and/or international laws or regulations.

Danone Canada is not obliged to respond to any Content or post, whether or not, directed towards Danone Canada or any of the Danone Canada team members. In addition, Danone Canada reserves the right to ONLY reply to Content posted in English or French. Danone Canada will not be obliged to reply to any Content in any other language, whether or not directed to Danone Canada or any of its members.

The Site may contain some Content provided by third parties including, without limitation, health and fitness related information, which is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Site and of this type of Content does not constitute medical advice and does not replace consultations with a qualified medical or other relevant professional. Some of the Content so provided may even be outdated. Danone Canada shall not, directly or indirectly, in any way be responsible for any loss or damage of any kind incurred as a result of, or in connection with your Use of the Site or reliance on, any such Content.

By posting any Content on the Site, you agree to grant Danone Canada a royalty-free, world-wide license to use, copy, adapt, transmit, disclose and distribute your Content.

Disclaimer

No Warranty and Limitation of Liability

Danone Canada and its affiliates take no responsibility for the accuracy, validity or suitability for any purpose of the Site and of any Content or any claims, information or statements contained therein, which are all provided on an “as IS” basis, without warranty of any kind, expressed or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

By using this Site, you agree that your access to the Site and / or use of its contents is at your own risk. Danone Canada, its employees, directors, officers, agents and/or affiliates, as well as any other party involved in the creation or delivery of the Site, will not, in any event, at any time, be held responsible for any damages whatsoever, including direct, incidental, special, consequential, indirect and punitive damages or injury arising from visitor access and/or Use or inability to Use this Site or any Content and information contained and/or provided therein whether generally set out in this Site or specifically in response to visitors.

Moreover, Danone Canada does not guarantee nor warrant continuous, uninterrupted or secure access to this Site or to the tools or services provided through this Site. You should be aware the operation of this Site may be interfered with without prior warning or notice.

Copyright

This Site, including without limitation all Content, is protected by Canadian and worldwide copyrights laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could result in legal action. You agree to comply with all applicable copyright laws.

Copyright © 2018, Danone Canada, All rights reserved.