This website ("Site") is made available to you, the user, member or customer ("you" or "your" being interpreted accordingly) subject to these terms and conditions ("Terms").
WHO ARE WE This Site is operated by La Fenice a company registered in Ontario, Canada with our head offices located at address 319 King St W, Toronto, ON M5V 1J5, ("we" "us" and "our" being interpreted accordingly).
CONTENT ON THIS SITE Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access ("Content") is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The name ‘La Fenice’, and other company names and logos displayed on this Site may be trade marks belonging to us ("Trade Marks"). To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to La Fenice without our prior written permission (at our sole discretion).
LINKS TO OTHER WEBSITES This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.
YOUR USE OF THIS SITE You must only use this Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our company or harm other users. Your use of our Site is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time. You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date. In relation to any material you submit to us or post on this Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material. You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.
OUR LIABILITY Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities. Subject the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device. While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.
COPYRIGHTS NOTICE The text and html code contained in this web site are the exclusive property of La Fenice. Except where otherwise noted, the text and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of La Fenice. Unless otherwise stated, the photographic images on www.lafenice.ca are owned by La Fenice, its licensors, or its third-party image partners. You may not use any of the photographic images or graphic material on www.lafenice.ca, in whole or in part, without written permission of La Fenice.
PURCHASE OF PRODUCTS OR SERVICES If you elect to purchase any products or services which we offer to you through this Site this may be subject to new and/or additional terms and conditions which will be notified to you at the time. The Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. La Fenice may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
INVAILIDITY & WAIVER If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws applicable therein. Any and all disputes or controversies relating to or arising out of this Agreement shall be settled by the courts in Toronto, Ontario, with the exclusion of any other, even if more privileged.
CONTACT If you have any questions or complaints regarding the Site or these Terms, you can contact us by emailing firstname.lastname@example.org.
CONFIDENTIALITY We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
LOG FILES We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
COMMUNITY USAGE RULES Applicable for any open discussion forms if this applies. This would touch on guidelines to impress that this is a public forum and include rules re: posting photos that are only you, your friends and family, following codes of social decency, not to use site for commercial purposes, not sharing individuals’ personal info.
CHANGES TO THESE TERMS We may amend these Terms at any time, for example, where we add new services or features or where there is a change in applicable law. All such changes will take effect once these Terms have been updated and you will be assumed to have accepted any such changes if you continue to use the Site after the latest update.
La Fenice reserves the right to modify this privacy statement at any time, so please review it frequently.