Terms of use – for illy.com Canada

Last updated: July 15, 2019

Acceptance and Change of Terms of Use

Access to and use of the websites, mobile sites and mobile apps where these Terms of Use are posted (“Sites”) of illycaffè S.p.A. and of its subsidiaries ("illycaffè") are governed by these Terms of Use and require your reading, understanding and acceptance of the same. These Terms of Use constitute a legal agreement and are entered into between you and illycaffè. BY ACCESSING OR USING ONE OF THE SITES, YOU ACCEPT AND AGREE TO BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

You may use our interactive services such as product ratings and reviews, expert Q&A, commenting, posting of videos, photos, recipes and stories (“User Services”) and these Terms of Use govern your use of those User Services.

illycaffè may change or update the Sites and these Terms of Use, in whole or in part, at any time. Changes and updates to these Terms of Use will be binding once posted on the Sites. We therefore invite you to regularly access this page to verify the publication of the latest updated Terms of Use. Your continued use of one or more of the Sites following such changes or updates to these Terms of Use will constitute your acceptance of such changes or updates.

We also invite you to interact with us on our social media pages where we post content and invite your feedback, such as at www.facebook.com/illy, www.twitter.com/illy or www.youtube.com/illy (such sites and any other third party websites "Third Party Sites"). Our Terms of Use and other areas of our Sites provide rules in connection with our User Services, including services that involve Third Party Sites, which rules are hereby incorporated by reference. illycaffè does not control the Third Party Sites, and these Terms of Use do not apply to companies that illycaffè does not own or control or to the actions of people that illycaffè does not employ or manage. You should always check the terms of use posted on such Third Party Sites.

From time to time illycaffè may offer contests, sweepstakes and similar promotions on the Sites, each of which activities may be governed by specific rules separate from these Terms of Use and that will be accessible from the Site offering the promotion or when you submit your entry.

Site Transactions

We reserve the right to refuse any order you place with us. All purchases are subject to availability and we may, in our sole discretion, limit or cancel quantities purchased, even if you have already placed your order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/home number provided at the time the order was made.

Unless otherwise indicated, all prices displayed on the Sites are in Canadian currency and do not include shipping fees and applicable sales taxes, and all charges will be processed in Canadian currency. all prices are subject to change without notice and prices displayed on the Sites may vary from those in stores or from store-advertised prices. Occasionally, a small number of items on the Sites may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Sites and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Please also note that while we have tried to accurately display the colors of our products, the actual colors you see on our Sites will depend on your monitor. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

Additional terms may apply to your order that will be made available to you on the Sites before you place your order. Please refer to our Shipping and Return policies on the Sites to learn more about our shipping terms and return policy.

Intellectual Property Rights

The Sites, including all information, software, code, text, displays, graphics, images, photographs, video, music, sounds, audio, trademarks, logos and other materials and contents that are part of the Sites, their domain names and their design, presentation, selection and arrangement (individually and/or collectively called "MAterials") are the exclusive property of illycaffè or are otherwise licensed to illycaffè. The Materials are protected by copyright. The Materials may not, in any way or form, even partially, be reproduced, distributed, sold, transferred or modified except as specifically permitted by illycaffè. You are granted a limited, nonexclusive, non-sublicensable, revocable license to access and use the Sites and print hard copy portions of the Materials for your informational, non-commercial and private use only. Such license is subject to these Terms of Use and excludes: (a) the collection and use of any product listings, pictures or descriptions; (b) the resale of any Materials; (c) the distribution, public performance or public display of any of the Materials; or (d) use of any data mining, robots or similar data gathering or extraction method. In the event that link codes and embed codes relating to specific contents are provided on the Sites, these codes may be used by users only for their direct, personal and private use provided that said use does not take place for direct or indirect commercial and/or profitable gain. Any use of the codes and/or the Materials in violation of the limits specified in these Terms of Use, or otherwise contrary to law, is illegal and will be prosecutable by illycaffè.

"illy”, the illy logo and other illycaffè. product or service names, logos or advertising slogans that may appear on the Sites are trademarks or registered trademarks of illycaffè. and our affiliates or subsidiaries and may not be used, in whole or in part, without the prior written permission of illycaffè.. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners, and may not be used, in whole or in part, without the prior written permission of the applicable owner.

Responsibility For Your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our User Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content").

Your Content Submissions and Limitation of Liability

illycaffè provides the Sites and the User Services and all other applications and services on the Sites as a forum only. illycaffè is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the User Services. You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

By submitting Content to illycaffè, you represent and warrant that:

You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the User Services and potentially Third Party Sites;
You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize illycaffè to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personal information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.

You also represent and warrant that any Content you submit:

Is not false, inaccurate or misleading;
Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships;
Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
Is not submitted for compensation or other consideration, except as may be otherwise permitted in writing by illycaffè;
Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
Complies in all respects with these Terms of Use and our Privacy Policy;
Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
Does not contain any software, worms or other potentially damaging computer programs or files.

illycaffè does not endorse users’ Content or opinion, recommendation or advice expressed therein, and illycaffè disclaims all liability with respect to users’ Content.

If your Content includes ideas, suggestions, documents or proposals to illycaffè through the User Services, (a) such Content is not confidential or proprietary and illycaffè has no obligation of confidentiality, express or implied, with respect thereto; (b) illycaffè may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from illycaffè . Do not send illycaffè such Content if you expect to be paid or want to continue to claim rights in such Content.

For any Content that you submit, you grant illycaffè a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Sites.

Guidelines for User Services

We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our User Services, please consider the following guidelines:

Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors.
Stay on topic. Relevant and insightful contributions raise the overall value of the site experience.
Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.

You may not use our User Services to impersonate any person or entity, including, without limitation, any illycaffè official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.

All submissions are moderated and subject to these Terms of Use. illycaffè reserves the right to not post a submission or to withdraw posted submissions for any reason. Your submission will be excluded if it violates provisions in these Terms of Use regarding submission of Content generally. Product reviews are subject to our Customer Ratings and Reviews Terms of Use.

Copyright Complaints

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”) and the Copyright Act (Canada), as applicable. Without limiting the foregoing, we have adopted the following policy toward copyright infringement with respect to the Sites in accordance with the DMCA. Please note that repeat copyright infringers may have their access to the Sites terminated. If you believe in good faith that any content residing or accessible on these Sites infringes your copyright rights, you may request removal of those materials (or access thereto) from these Sites by sending a notice of copyright infringement to:

Customer Care Manager Email: illyca@illy.com
Phone: (866) 266-4559
Address: illycaffè, 800 Westchester Ave., Suite 440, Rye Brook, NY 10573

Your notification should include the following information:

Describe the work, and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work and an identification of the content on these Sites that you believe to be infringing and its location (e.g. URL);
Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;
A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
A statement made that the information provided in the notice is accurate and that, under penalty of perjury, the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
The Notifying Party's physical or electronic signature.

Users who believe they are the wrongful subject of a copyright takedown notice may file a counter-notification.

Links and Other Websites

The Sites may contain links (the "links") to Third Party Sites including other websites, blogs and social networks that are not operated by illycaffè . illycaffè does not control or monitor these Third Party Sites, their content or their rules. Any link to other Third Party Sites shall not imply in any way endorsement or promotion by illycaffè of these sites and/or the contents published therein. illycaffè makes no warranty or representation whatsoever as to the content, goods or services provided on or through Third Party Sites and accepts no responsibility for such websites or for any loss or damage that may arise from your use of them. If you choose to access any Third Party Site, you do so at your own risk and you may be subject to the terms and conditions and privacy policies imposed by such site.

Cookies

The Sites may contain cookies and other automated data collection technologies to allow users a better use of the Site. Users who prefer not to receive cookies can set their browser to warn them of the presence of cookies and then decide whether or not to accept them. The browser can also be set to reject all cookies; in this case, however, the user may not be able to access all services available on the Sites. For more information about how the Sites use cookies and other automated data collection technologies, please see our Privacy Policy.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ILLYCAFFÈ (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, EXPENSES, OBLIGATIONS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF (A) YOUR USE OF AND ACCESS TO THE SITES AND THE USER SERVICES; (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (C) A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE REGARDING CONTENT; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); OR (E) ANY CLAIM THAT ANY CONTENT YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITES AND THE USER SERVICES.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND NAVIGATION AND USE OF THE SITES AND THE USER SERVICES ARE ENTIRELY AT YOUR OWN RISK AND UNDER YOUR OWN RESPONSIBILITY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SITES, THE USER SERVICES AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITES AND USER SERVICES MAY BE TEMPORARILY INACCESSIBLE OR OTHERWISE CONTAIN DEFECTS THAT IMPACT YOUR EXPERIENCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILLYCAFFÈ DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ILLYCAFFÈ MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, RELIABILITY, AVAILABILITY OR ACCURACY OF THE SITES, INCLUDING, WITHOUT LIMITING THE FOREGOING, THAT THE SITES, THEIR CONTENT OR THE USER SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES, USER SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THESE DISCLAIMERS WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITES.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASE, THE ABOVE DISCLAIMERS OR EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT CONSISTENT WITH APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILLYCAFFÈ SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NOR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF COMMERCIAL INFORMATION AND/OR ANY OTHER FINANCIAL LOSS, , ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE, INABILITY TO USE, OR RELIANCE ON THE SITES, THE USER SERVICES, OR THE MATERIALS, CONTENT, PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITES, OR ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITES, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR DEVICE, PROGRAMS OR DATA DUE TO YOUR USE OF THE SITES, THE USER SERVICES OR ANY LINKED THIRD PARTY SITE, OR THE CONDUCT OF OTHER USERS IN VIOLATION OF THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ILLYCAFFÈ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITES.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASE, THE ABOVE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT CONSISTENT WITH APPLICABLE LAW.

Minors

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. You must be at least age 13 to access and use the Sites. If you are between the ages of 13 and the age of majority in your province/territory of residence, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Registration

In order to access or participate in certain areas of the Sites, you may be asked to register for an account. Registration on the Sites and User Services is reserved to users of the age of majority in their province/territory of residence and older. You agree to provide any personal information requested during registration, ensuring that this information is up-to-date, complete and accurate, and to update such information promptly after any changes. Any personal information you provide in the registration process will be collected in accordance with our Privacy Policy.

You are responsible for safeguarding the password that you use to access the Sites and User Services and for any activities or actions under your password. You will not provide any false personal information on the Sites or create an account for anyone other than yourself without permission. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

Privacy

illycaffè respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect your personal information when you visit or use the Sites and how we, use, disclose and otherwise manage that information. By accessing or using the Sites, you consent to the practices described in our Privacy Policy.

Termination

You acknowledge and agree that illycaffè, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Sites or any User Services and remove and discard any related Content for any reason, including where illycaffè believes that you have violated any provision of these Terms of Use. You agree that illycaffè shall not be liable to you as a result of any such suspension or termination. illycaffè reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use

Waiver

The failure of illycaffè to insist upon strict adherence to any provision of these Terms of Use shall not constitute a waiver of such provision and shall not be considered a waiver of or limit illycaffè's right thereafter to insist upon strict adherence to that provision or any other provision contained in these Terms of Use.

Applicable Law and Jurisdiction

To the fullest extent permitted by applicable law, these Terms of Use shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to or application of its conflict of law provisions or your province or territory of residence, and all claims, legal proceedings or litigation arising in connection with these Terms of Use, the Sites and the Users’ Services will be brought solely in the courts in Toronto, Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Severability

If any provision of these Terms of Use shall be deemed 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.

Language

By using the English version of the Sites, the parties acknowledge and agree that they have required that these Terms of Use and all related documents be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.