Terms and Conditions of Use
The website www.emmi-kaltbach.com/can/en (hereinafter the “Website”) is run by Emmi Canada, 9314-8591 Québec Inc. 5000 rue J-A Bombardier, suite 101 Saint-Hubert, Québec, J3Z 1H1 Canada, (hereinafter “Emmi”, "we" or "us".
The purpose of these Terms and Conditions of Use (hereinafter the “Conditions”) is to inform you of the terms and conditions under which you may access and use the Website. By accessing or using the Website, you (hereinafter the “User” or “you”) confirm that you have read and understood these Conditions and accept them without reservation. If you do not agree to be bound by these Conditions, please refrain from using this Website (or cease to use it).
Access to our Website is granted on a temporary basis and we reserve the right to withdraw or modify that access without notice (see “Website availability” below). We are not liable in the event that the Website is unavailable for any reason.
We reserve the right to block or restrict your access to the Website and/or the applications or other features of this Website and/or applications or other features or parts thereof at any time and without notice.
Emmi endeavours to make the Website available 24 hours a day. Emmi is not liable for any lack of availability of the Website for any reason and for any duration. Access to the Website may be prevented without notice, in particular by system failures, maintenance work, repairs and/or other events lying outside the control of Emmi.
Your access to the Website, your ability to load some or all parts of the Website and/or your registration (where applicable) may be withdrawn, blocked and/or terminated by Emmi at any time and without notice. Emmi is not liable in such events or cases.
The User is required to provide correct information at the time of registration (where applicable) and to inform Emmi without delay if that information changes. Any access information and codes/passwords customised for the User and notified to the User are intended for the User’s personal use only and must be kept confidential and protected by the User against unauthorised access by third parties.
The Website may be used for legally permitted purposes only. The Website may specifically not be used in the following scenarios:
- if the use of the Website contravenes any applicable regional, national or international laws or provisions;
- if the use of the Website infringes the rights of another person in any other manner;
- if the Website is used for illegal, deceptive or other illicit or dishonest purposes or objectives;
- if the Website is used for the purpose of sending undesired or unauthorised promotional or commercial material or other similar advertising (spam); and
- if data or other material is transferred, sent or uploaded that contains viruses, Trojan horses, worms, timebombs, keylogger programs, spyware, adware or other harmful programmes or similar computer code designed to have a negative impact on the functioning of software or hardware.
You may include a link to our Website, provided that you do so in a reasonable and legal manner that does not jeopardise or exploit the reputation of Emmi Group. You may not link to the Website in a manner that suggests you are in any way connected or associated with or approved or licenced by Emmi Group. Emmi reserves the right to withdraw its consent at any time to any links being inserted.
Emmi may not be held liable for the access to and contents of any websites operated by third parties that can be reached via this Website. Emmi accepts no obligations, grants no warranties, guarantees or assurances and accepts no liability or responsibility (whether express or implied) with regard to any of the content of other websites. All links to this Website are provided for your benefit only and do not signify that Emmi approves of or recommends the contents of these other websites.
The name of Kaltbach, the name of the domain www.emmi-kaltbach.com/can/en, the logo, company symbol and brand are wholly owned by Emmi and/or its group companies or licensors. No authorisation is granted to use this intellectual property. The Website and its contents are protected by national and international copyright laws and other laws protecting intellectual property.
With regard to the Website and its contents (including any downloads provided for private use, texts, tree structures, software, animations, photographs, illustrations, diagrams, logos, articles, publications, newsletters, press releases, presentations, brochures, etc.), Emmi and/or its group companies, or the licensor, are the holders of the copyright and other rights to the intellectual property therein.
Any User of the Website who infringes the intellectual property rights of Emmi may be subject to all remedies and sanctions provided for by national and international laws.
Any comments, suggestions, ideas or other content that you send or otherwise make available to Emmi (hereinafter “Submissions”) shall be deemed to have been transmitted on a non-confidential basis. Emmi is not under any obligation to treat such Submissions confidentially and is entitled to use and exploit them at its own discretion unlimited in time or place and free of charge.
If you provide personal data via the Website, you undertake to provide information that is accurate and does not interfere with the interests or rights of Emmi or third parties.
The Website is made available without obligation, undertaking, warranty or guarantee. Emmi hereby rejects any liability or responsibility for loss or damage of any nature (including but not limited to failure to make a profit, unrealised savings or fruitless expenditure) that may arise via or in connection with your access to or use of this Website or with any trust in this Website, to the full extent permitted by applicable law. This exclusion of liability applies to any of Emmi's group companies and subcontractors as well to any agents, directors, employees, shareholders or representatives of Emmi and/or its group companies and subcontractors.
The aforementioned exclusion of liability shall apply regardless of whether any such loss or damage occurs during the normal course of events or is reasonably foreseeable, or whether it occurs as a result of other errors or omissions on the Website (whether intentional or negligent in nature).
This aforementioned exclusion of liability does not apply to liability based on mandatory product liability as well as to death or bodily injury caused by negligence or fault of Emmi, its group companies and subcontractors or any agents, directors, employees, shareholders or representatives thereof. Any exclusion or limitation of liability for gross negligence or unlawful intent of Emmi, its group companies and subcontractors or of any of their agents, directors, employees, shareholders or representatives is also excluded.
Although Emmi endeavours to keep this Website free of viruses or other destructive computer code, no obligation, undertaking, warranty or guarantee shall be assumed (whether explicitly or implicitly) with respect to viruses or such computer code. You must take the reasonable precautions yourself before using the Website or downloading content from it.
Nothing in this “Liability” section shall apply to Emmi's liability for goods, products and services purchased via associated websites. Such purchases are governed by the terms and conditions of sale applicable in each case.
Emmi's failure to enforce or apply any individual parts or rights of these Conditions shall not constitute a waiver of such rights, unless Emmi has acknowledged and declared such waiver in writing.
These Conditions and your use of this Website are governed exclusively by Swiss law, to the exclusion of the conflict of laws rules. The exclusive place of jurisdiction shall be Emmi's registered office, but Emmi is also entitled to assert its rights before any other competent court in order to protect its copyrights or to assert other rights to which Emmi is entitled.
These provisions on applicable law and jurisdiction shall apply subject to the application of any mandatory provisions to the contrary.
These Conditions shall apply from 7 september 2021 onwards. They may be consulted on our Website www.emmi-kaltbach.com/can/en and may be printed out.