Terms of Use

Ontario Maple Syrup Producers Association Terms of Use

Welcome to your source for products and information on the Ontario maple syrup industry, which is owned and operated by the Ontario Maple Syrup Producers Association (“OMSPA”/”we”/”us”). If you visit or buy products through www.ontariomaple.com you confirm your acceptance of these Terms of Use.

Please note that these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to this site. It is your responsibility to review these Terms of Use for any changes. Your use of the site and our services after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Use.

Please review our Privacy Statement, which also governs your visit to our site to understand our practices concerning the collection and use of information. 

I. GENERAL LEGAL TERMS

Account and Profile Settings: If you create an account on the website, You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

You are required to have an account for certain activities on the Website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.

Profile and Account Data: All information you provide through the Website, including registration information (name and contact information), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, us or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Copyright and Trade Mark Information. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software is the property of OMSPA or its content suppliers and is protected by Canadian and international copyright laws. All software used on this site is the property of the OMSPA or its software suppliers and protected by Canadian and international copyright and authors' rights laws. All OMSPA product names and logos are trademarks or registered trademarks of OMSPA. All other OMSPA and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Feedback. If You provide OMSPA with any suggestions, comments or other feedback ("Feedback") relating to the Website, OMSPA may use such Feedback in the Website or in any other OMSPA products or services (collectively, "OMSPA Offerings"). Accordingly, You agree that: (a) OMSPA is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to OMSPA, (c) OMSPA (including all of its successors and assigns and any successors and assigns of any of the OMSPA Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any OMSPA Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from OMSPA or any of the other users of the Website.

Changes. We may alter, suspend, or discontinue this Website or the Services at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and products on this Website without notice.

Advertising. You acknowledge and agree that the Website may be provided with advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that OMSPA shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from this Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by OMSPA. OMSPA is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-OMSPA websites does not imply that OMSPA endorses or accepts any responsibility for the content or use of such websites, and You hereby release OMSPA from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

No Implied Endorsements. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service.

DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMSPA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. OMSPA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND OMSPA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL OMSPA BE LIABLE FOR ANY DAMAGES (including) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF OMSPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Release. Because OMSPA does not supervise or control the interactions among or between members of OMSPA and other persons or companies, and because OMSPA does not control PayPal, credit card companies or other payment processing companies, and because OMSPA has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk and you agree to release OMSPA (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website, your third party transactions, OMSPA resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD OMSPA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

Termination. OMSPA may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

You acknowledge and agree that all terminations may be made by OMSPA in its sole discretion and that OMSPA shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by OMSPA shall be in addition to any and all other rights and remedies that OMSPA may have.

Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of OMSPA to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by OMSPA must be in writing and shall only apply to the specific instance identified in such writing. No waiver by OMSPA of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

Applicable Law: The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Use without giving any effect to any principles of conflict of law.

 

II. PURCHASE TERMS

Orders and Limits: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Prices and Fees: All prices on this Website are subject to change without prior notice. Once an order is complete, pricing CANNOT be adjusted.

Your credit card will be charged once you place an order for a product. When more than one item is requested on your order, we will charge your card for each item as it ships. Since shipping times vary by item, your credit card statement may reflect individual charges for each item as they are shipped. Before your credit card is charged, an authorization will be obtained for the amount of your order.

All credit cards must be valid, authentic and you must be authorized to use them.  If the charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you.  We reserve the right to stop accepting credit cards from one or more issuers at any time.

Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it.

Tax Policy and Exemptions: Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges.

Catalogue and Product Descriptions: All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available at any particular time.

Refund Policy: We refund any merchandise in resalable condition within 30 days of purchase with a copy of your original invoice to the original payment method, subject to the conditions below:

  1. If your order was purchased using PayPal and returned, your PayPal account will be credited.

  2. If you choose to use your own carrier you will be responsible for return shipping costs.

  3. For more information on the Refund Policy please contact the OMSPA Store Manager, phone # 705-696-2408, fax: 705-696-3511 or email:store@ontariomaple.com.

Shipping and Delivery: All items purchased from OMSPA are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Contact Information:

Ontario Maple Syrup Producers Association
275 Cty Rd 44
RR 4
Kemptville, Ontario, K0G 1J0
Phone: 1-866-566-2753
Email: admin@ontariomaple.com

Last Updated: August 1, 2011