Terms of Use

TERMS OF USE

These terms and conditions (the "Terms") govern your use of the websites operated by or for Lindt & Sprüngli (Canada) Inc. including this site (the “Sites”).

Please read these Terms carefully.

Accepting these Terms

By using any of the Sites, you acknowledge that you have read, understood these Terms and you agree, without limitation or qualification, to comply with these Terms. You may also accept the Terms by clicking to accept or agree to the Terms should this option be made available to you by Lindt & Sprüngli (Canada) Inc. Do not use (or continue to use) any Site if you do not agree to the Terms without qualification.

If you are a child or do not otherwise have the capacity to enter into a legal agreement in the province, territory or country in which you reside, do not use any Site unless your parent or guardian enters into these Terms on your behalf and consents to your use of the Sites.

You should print or save a local copy of the Terms of Use for your future reference.

Information about us

The Sites are operated by Lindt & Sprüngli (Canada) Inc. and Lindt & Sprüngli (International) AG (singularly, collectively or interchangeably called “Lindt” “we”, “us” or “our”) from their offices in respectively, Ontario, Canada and Berne and Basel, Switzerland for your personal use, subject to these Terms.

If you have any queries or comments in relation to the Terms or the use of any Site, you can either write us or call us at:

Lindt & Sprüngli (Canada) Inc.

181 University Avenue,

Suite 900

Toronto, ON,

Canada M5H 3M7

Attention: Consumer Affairs

Phone: 1-866-374-1914

Fax: 416-351-8507

or click here to e-mail us.

You and your personal information

For the purposes of these Terms, the word “you” means the individual accessing any Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Sites. As an individual, you agree not to access any Site on behalf of any other individual, any company or any other entity unless you have the authority to bind that individual, company or entity to these Terms. Anyone who uses any Site is a “User”.

Personal information which you submit will be held and processed by Lindt in accordance with our Privacy Policy. Please click here to see a copy of it.

You consent to Lindt’s use of any contact information that you provide to Lindt for the purpose of communicating with you regarding your use of any Site.

Lindt also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.

Changes to these Terms

Lindt may revise these Terms and any other legal notices on the Sites. When Lindt changes the Terms, Lindt will: (i) post the updated version of the Terms on each of the Sites together with the date on which it was revised; (ii) post a notice on the home page for each Site indicating that the Terms have changed; and (iii) post a similar notice on the log-in page for Registered Users. The notice will remain for a period of at least 30 days. Do not continue to use any Site if you do not agree to the revised Terms without qualification.

All changes will be effective when posted on the Site.

Orders or Purchases

While no orders or purchases will be made via the Sites, certain affiliates of Lindt offer orders and purchases via their websites (the “Affiliate Sites”). All orders and purchases made via any Affiliate Site will be governed by the terms of use governing the Affiliate Site and the applicable terms and conditions of sale. Please review them before using the Affiliate Site. For www.lindtusa.com (E-shop of Lindt in the USA), they are: Return policy, Shipping policy; For www.lindt.ch (E-shop of Lindt in Switzerland): Terms and conditions. For shop.lindt.de (E-shop of Lindt in Germany), they are: Shop infos.

Accessing the Sites

While Lindt endeavours to ensure that the Sites are available 24 hours a day, Lindt shall not be liable if for any reason any Site is unavailable at any time or for any period. Further, Lindt is free to restrict access to the Sites (or any portion of them) in whole or in part, temporarily or permanently, for any reason.

Please note, before being allowed to participate in certain activities being run via the Sites (for example, posting comments on recipes), you will be required to: (i) register with a Site; and (ii) confirm your acceptance of these Terms when they are presented to you as part of the registration process. When you register, you must ensure that the data that you provide to Lindt (the "Profile Data") such as first name, last name and email address are correct and complete. It is not admissible to use an alias or a false or an inactive email address, and you must maintain and promptly update such information to keep it true, accurate, current and complete.

Once you are registered with a Site, you become a “Registered User” of the Sites, and you will receive an account designation and a password (the “Login Data”). You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately by contacting us. If Lindt has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.

Please note, certain services and activities available through the Sites may require you to agree to further terms and conditions. Unless such terms and conditions expressly set out otherwise, if there is any inconsistency between those terms and conditions and these Terms, these Terms shall prevail.

Accessing the Community

Registered Users may create user accounts, user profiles and interact with other Registered Users as part of the community of Registered Users associated with the Sites (the “Community”). Access to the Community is provided to Users free of charge.

When using the Community, a Registered User can use various functions, e.g. save and edit contact details or publish his own content, such as recipes, within the Sites and, to this end, upload text, images etc. and comment on recipes or other contents posted by other Registered Users. Lindt is free to restrict access to these functions (or any portion of them) in whole or in part, temporarily or permanently, for any reason.

Site use

You may use the Sites only for lawful, personal, non-commercial purposes and not for the promotion of yourself or any third party.

You may not use any Site:

• in any way that breaches any applicable local, national or international law or regulation;

• in any way that infringes the rights of any other person;

• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• to gain unauthorised access to any portion of any Site, the server on which any Site is stored or any server, computer or database connected to any Site;

• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other material which is malicious or technologically harmful; or

• to collect or store personally identifying information about other Users of any Site for any purposes unrelated to the Sites.

You may not access any of the Sites through any automated means (for example, bots or web crawlers) or using an interface other than the one made available on the Sites by Lindt;

You will not attack any Site via a denial-of-service attack or a distributed denial-of service attack.

Content

The contents of the Sites may be changed or updated by Lindt without notice, but Lindt assumes no obligation to update the contents of any Site.

When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with applicable law (e.g. criminal law, laws on defamation, competition law and laws for the protection of young people), not infringe any parties’ rights (e.g. rights to names, trademark rights, copyrights and data privacy rights) and comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify Lindt for any breach of this warranty.

Any material you upload or contribute to our Site will not be considered confidential. Lindt will have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

Lindt will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other User of any Site.

Lindt is entitled to block access to individual content at any time and for any reason including but not limited to a breach of the Content Standards (set out below).

Lindt is under no obligation to oversee, monitor or moderate the Sites; however, Lindt reserves the right to remove any posting from any Site for any reason including if a notice of objection to the content is received.

If you wish to report a post as being defamatory or offensive please contact us by sending an e-mail to consumeraffairs@lindt.ca. The final decision as to whether the content should be removed from the Site shall be at the sole discretion of Lindt.

If you notice any errors when using any Site, you shall without delay inform Lindt of the issue as soon as possible.

Content Standards

These content standards apply to any and all material which you contribute to any Site.

Your contributions must:

• be accurate (where they state facts);

• be genuinely held (where they state opinions); and

• comply with the applicable law of the country from which they are posted and the laws of Canada.

Your contributions must not:

• contain any material which is defamatory of or injures any person;

• contain any material which is obscene, offensive, hateful or inflammatory;

• promote sexually explicit material;

• promote violence or extremism of any kind;

• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• include any offensive, sexist, obscene, vulgar, abominable or disgusting manners of expression;

• agitate against any person or company;

• infringe any copyright, database right or trade mark of any other person; infringement of any copyright or any other infringement of intellectual property rights;

• be likely to deceive any person;

• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

• call for, incite, promote or assist any illegal activity;

• be threatening against life, limb or property

• abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

• be likely to harass, upset, embarrass, alarm or annoy any other person;

• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

• give the impression that they emanate from us, if this is not the case; or

• call for, incite, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Should any of your contributions include a hyperlink to a third-party web page, you shall ensure that you are authorised to establish the hyperlink to the web page linked (the "Landing Page"), and before doing so, you must ensure that the contents of the Landing Page comply with the content standards (set out above) as if you were contributing them to any Site.

When a breach of these content standards has occurred, Lindt may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use any Site, the removal of postings or uploaded material and legal proceedings against you for reimbursement of all Lindt's costs resulting from your breach.

When you learn of any contents which obviously contravene the content standards (set out above), you shall without delay inform Lindt of the issue as soon as possible by sending an e-mail to consumeraffairs@lindt.ca.

Linking to the site

You may link to any Site provided you do so in a way that is fair and legal and does not damage Lindt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Lindt. Lindt reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).

Links from the site

Lindt is not responsible for the contents of any website operated by a third party which may be accessed via any Site, and Lindt does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on any Site are provided for your convenience only and do not imply that Lindt approves or recommends the content of such websites.

Intellectual Property

The Lindt name, logo, corporate symbols and trademarks are the sole property of Lindt and/or its affiliates, and no permission is given in respect of their use. The Sites and their contents are protected by Canadian, EU and international copyright laws and other intellectual property rights.

Unless otherwise indicated as between Lindt and you, Lindt is the owner of the copyright and all other intellectual property rights in the Sites and their contents.

Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Lindt.

You may retrieve and display on the screen of a computing device the contents of any portion of any Site that you are authorised to access, and you may print and retain one copy of such content for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms, will expose you to claims for infringement of Lindt’s intellectual property rights and/or those of third parties.

When Lindt facilitates the sharing of certain content (for example recipes) with one or more social media platforms by providing the functionality to do so as part of the Site, you may use that functionality to share that content. Otherwise, you are prohibited from reproducing, distributing and/or publishing any content provided on any Site by Lindt, other Users or any third party.

You grants Lindt an irrevocable, non-exclusive, free-of-charge right, unrestricted with regard to scope, time and space and transferrable to third parties to use the contents posted on any Site. Lindt shall at any time be entitled to use, edit and exploit the content. This in particular includes the right of reproduction, the right of distribution and the right to communication to the public, in particular the right of making available to the public. You waive all moral rights in the content including your right to be named as the author of the content.

Liability

The Sites are provided without any warranties or guarantees.

To the extent permissible by any applicable law, Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of any Site, or reliance on any Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.

TO THE EXTENT NOT PROHIBITED BY LAW, LINDT ACCEPTS NO LIABILITY FOR:

• ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITES (INCLUDING ANY LINDT CONTENT AND ANY USER-GENERATED CONTENT) OR THESE TERMS, INCLUDING LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF LINDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON; OR

• ANY LOSS WHICH ARISES WHEN LINDT IS NOT AT FAULT OR IN BREACH OF THE TERMS.

Whilst Lindt makes reasonable attempts to exclude viruses or other destructive computer codes from the Sites, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.

Nothing in this paragraph "Liability" applies to Lindt's liability for goods purchased through the Affiliate Sites, which is governed by the applicable terms and conditions of sale.

Any limitations on Lindt's liability will survive termination.

Governing Law

The Terms and your use of the Sites shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to its choice of law principles. By using any Site and accepting the Terms you submit to the exclusive jurisdiction of the courts of the Courts of the Province of Ontario save that Lindt may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Lindt.

Termination

Your access to the Sites, your ability to participate in all or certain parts of the Sites and/or your registration may be suspended or terminated by Lindt at any time without notice and without any liability.

This contract may be terminated without notice by either party to it at any time and without stating a reason. Otherwise, this contract will run for an indefinite period. Should you terminate this contract, you must stop using the Sites.

Lindt may terminate this contract at any time without notice and without any liability should you violate these Terms, and in that event, Lindt also reserves the right to pursue any and all legal and equitable remedies against you.

At its own discretion, Lindt may order that access to the Community by a Registered User be blocked or deleted for an indefinite period of time. Lindt may in particular block or delete access to the Community by a Registered User if: (i) the Registered User has not used logged in to the Community for a period of at least one year; (ii) there is any doubt as to the authenticity of the Registered User's profile; or (iii) the e-mail address provided by the Registered User cannot be contacted.

In the event Lindt restricts your access to the Community permanently or terminates this Agreement, Lindt will delete your profile within a reasonable period of time. This does not apply to any content you may have created and posted to any Site during the term of the contract.

Infringement

It is the policy of Lindt to investigate and respond to claims of intellectual property infringement.

To the extent that any jurisdiction applicable to these Terms has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with that scheme, Lindt will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Lindt may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although Lindt makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Lindt will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before Lindt replaces or restores access to any material as a result of any counter notification.

To the extent that any jurisdiction applicable to these Terms has a notice and notice scheme for copyright infringement, upon receipt of any notice alleging infringement that complies that scheme, Lindt will contact the person who has posted such material in order to give that person an opportunity to respond to the notification. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Lindt will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before Lindt replaces or restores access to any material as a result of any counter notification.

Notices of claimed infringement should be directed to:

Lindt & Sprüngli (Canada) Inc.
181 University Avenue, Suite 900
Toronto, ON, Canada M5H 3M7
Phone: 1-866-374-1914
Fax: 416-351-8507
or click here to e-mail us.

Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the materials alleged to be infringing and the proprietary rights alleged to be infringed. Also include in the notice: (i) an electronic or physical signature of the individual sending the notice; (ii) the address, telephone number, and email address for the sender; (iii) a statement that the sender is or is authorized to represent the owner or exclusive licensee of the proprietary rights alleged to be infringed; and (iv) a written statement that the information in the notice is accurate.

General

Should these Terms of Use contain any provision which is ineffective, this shall not affect the validity of the remaining provisions of these Terms.

Lindt's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lindt in writing.

The section titles in the Terms are for convenience only, and have no legal or contractual effect.

The parties do not intend the Terms (or any part of them) to be enforceable by any person who is not a party to these Terms.

Any dispute between you and Lindt arising out of or in connection with these Terms (including non-contractual disputes or claims) will only be dealt with by the courts located in the Province of Ontario.

Any notice or other significant communication given to you pursuant to these Terms will be in writing, addressed to any email address or address that Lindt has on file for you (typically, one that you provided hen registering) and sent to you by email or by a nationally recognized overnight courier as applicable. Any notice or other significant communication given to Lindt by you pursuant to these Terms of Use will be in writing and sent to Lindt at the address then listed on this Site’s Contact Us section by email or nationally recognized courier. Notices will be deemed to have been received one business day following: (i) email transmission; or (ii) deposit with a globally recognized overnight courier service, all delivery charges pre-paid.

The only contract languages are English and French.