Website Terms & Conditions
WADDINGTON MCLEAN & CO. LIMITED WEBSITE TERMS AND CONDITIONS
Welcome to onlineauctions.waddingtons.ca
Please read these legal terms and conditions of access (the “Terms and Conditions”) carefully before using this Internet website (the “Website”). By accessing, browsing and using the Website, you are signifying your consent to be bound by the Terms and Conditions.
The Terms and Conditions are current as of August 2003 but will be updated from time to time. We strongly recommend that you review this page regularly, to ensure you are aware of these changes.
1. RESTRICTIONS ON USE OF MATERIALS
The Website is a service of Waddington McLean & Co. Limited and Joyner Canadian Fine Art (referred to as “Waddington’s”, “we,” “us,” or “our” herein). All content included on this Website, such as text, graphics, logos, button icons, images, audio and video clips, catalogues, and software (the “Content”) is the property of Waddington’s, or other parties that have licensed their materials to Waddington’s, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Website or any website owned, operated, licensed or controlled by Waddington’s or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Website and any content accessed through the Website.
“Waddington’s Auctioneers”, “Waddington, McLean & Co. Limited” and “Joyner Canadian Fine Art” are trademarks of Waddington’s. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners. In the event that you download any Content from the Website, such Content is licensed to you by Waddington’s. The license is personal, non-transferable and non-assignable. Title to the Content is not being transferred to you. You may own the medium on which the Content is recorded, but Waddington’s retains full and complete copyright in and title to the Content and all other intellectual property rights therein.
These Terms and Conditions are effective until they are terminated by Waddington’s. These Terms and Conditions will terminate immediately without notice from Waddington’s if, in Waddington’s sole discretion, you fail to comply with any material term or provision hereof or if Waddington’s believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Waddington’s and/or its affiliates. Upon termination of this Agreement for any reason whatsoever, you agree to be bound by the following provisions of this Agreement, which shall survive termination, namely sections 1-5, 7, and 10 hereof.
UNLESS OTHERWISE PROVIDED, THE MATERIALS, INCLUDING WITHOUT LIMITATION THE CONTENT, ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WADDINGTON’S, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. WADDINGTON’S, IT’S AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WADDINGTON’S, ITS AFFILIATES AND LISCENSORS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA RELATING TO AUCTION ACCOUNT INFORMATION) ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT WADDINGTON’S) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Website is controlled and operated at offices in Toronto, Ontario, Canada. Waddington’s makes no representation that materials on the Website are appropriate or available for use in other locations. If you choose to access this Website from other elsewhere than Ontario, Canada, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
4. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Waddington’s, its subsidiaries or affiliated companies or licensors, or their directors and officers, be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if Waddington’s has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Waddington’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing or using this Website.
5. LINKS TO THIRD PARTY SITES
The links on the Website will enable you to leave the Website and connect directly to linked websites. Such linked websites are entirely independent of the Website, and shall not be construed as any reflection on, any affiliation with, approval of or endorsement by Waddington’s of any such site or entity, or its respective information, publications, products or services. Waddington’s shall not be responsible for the contents of any website linked to a Waddington’s website or for any link contained in a linked website. Waddington’s is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked website by Waddington’s.
We would like to hear from you regarding Waddington’s services. Please note that if you send us suggestions, ideas, or other information (collectively, “Submissions”), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of Waddington’s and Waddington’s shall exclusively own all rights to the Submissions of every kind and nature throughout the world, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you waive all moral rights, if any, in the Submissions.
7. JURISDICTION AND SEVERABILITY
You agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Website or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
Waddington’s reserves the right to make changes to the Website and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Website shall constitute your acceptance of any revisions to the Terms and Conditions.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux presentes ont exige que cette entente et tous autres documents envisages par les presentes soient rediges en anglais.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold Waddington’s, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Website and the contents contained on the Website.
Waddington’s reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
11. USER PRIVACY AND SECURITY
You recognize and agree that although Waddington’s security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, Waddington’s shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website.