As of September 1, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Onex Enterprises Inc. (“Onex”) provides you access and use of our websites, including “onexcanada.ca” and other Internet sites, and social media sites operated by or for Onex (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.
Related Policies and Terms
Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer to and review all additional specific terms and conditions at the Sites.
The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Onex for products, services, or otherwise.
Modification of Site Terms
Onex reserves the right to modify these Site Terms in our sole discretion from time to time and only Onex has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
Licence and Site Access
Onex grants you a limited licence to view the Sites, to print individual pages from the Sites, and electronically copy pages from the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This licence is conditional on your strict compliance and acceptance without modification of the Site Terms.
This licence does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a Web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Site Materials (including any Onex trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (d) the collection, use or disclosure of any product listings, prices or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to scrape or collect any information from the Sites or any other user of the Sites.
Except as noted above, you are not conveyed any right or licence by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Onex. You may not use any meta tags or any other “hidden text” utilizing Onex’s corporate names, trade names, trademarks, product names or service names without our express written consent. “Site Materials” means all information, software and materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof.
We may terminate this licence and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.
Changes, Misprints and Errors
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Site Materials are owned by us and others and are protected by Canadian and international copyright, trademark and other applicable laws.
ONEXCANADA.CA, ONEX ENTERPRISES INC. (and other registered and unregistered trademarks owned by Onex), and their respective designs and/or logos, are registered or unregistered trademarks of Onex or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Onex. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Onex, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Onex. All other registered or unregistered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without their owners’ prior written permission.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including Site Materials) may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Onex or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of Onex) is strictly prohibited.
Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray Onex or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Site Materials, Onex trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without Onex’s express written consent. All other linking is prohibited without prior written consent from Onex. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Onex or any third party.
Third Party Links
Onex makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or third-party websites linking to the Sites. Any such hyperlinks provided by Onex are for your reference only and are used at your own risk.
If you register on the Sites or otherwise provide information to us via the Sites or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Onex, or postings on the Sites (“Submissions”) are non-confidential and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or that of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns. The foregoing license does not apply to the Photo Content defined and described in Section 4 below.
Restrictions for Submissions
By using the Sites, you agree not to do any of the following:
- Upload to, distribute, create through or otherwise publish through the Sites any message, information, text, file, hyperlink, or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, false or misleading, abusive, inflammatory, contains nudity or is otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of any provincial securities commission or other securities commission.
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual, industrial or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to communicate, make available, display, distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of applicable law for sending commercial electronic messages) or offering or disseminating fraudulent goods, services, schemes or promotions;
- Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, spyware, malware, malicious code or scripts, or any other items that may damage, interfere with, provide unauthorized access to, surreptitiously intercept, or expropriate any system, program, data or personal information.
Policies and Enforcement
Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to Onex under these Terms. You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Sites. You agree to indemnify and hold harmless Onex and its subsidiaries, affiliates, employees, and representatives from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions or any applicable law, or your Submissions (including Content and Photo Content), your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Sites will be considered violations of these Site Terms by such user.
THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. ONEX DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ONEX DOES NOT REPRESENT OR WARRANT THAT THE SITES IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ONEX DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF ONEX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Onex.
Notwithstanding any of these terms and conditions, Onex reserves the right, without notice and in its sole discretion, to terminate your licence to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by Onex of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.
If you are experience difficulties in using the Sites, please contact us, or call us at 1-604-596-6639.