LAST UPDATED: March 1, 2016
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using any of the websites listed here, you agree to be bound by this Agreement: AVON.CA and any other sites that link to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, please do not use any of the AVON CANADA WEBSITES. Avon Canada Inc., a limited liability company formed under the laws of Alberta, Canada (referred to herein as "AVON CANADA, " "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the AVON CANADA WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the AVON CANADA WEBSITES. Your continued use of the AVON CANADA WEBSITES following the posting of changes to this Agreement will mean that you accept those changes.
For purposes of this Agreement, the following terms have the following meanings:
If you are an AVON CANADA Independent Sales Representative, you acknowledge and agree that your use of the AVON CANADA WEBSITES is subject not only to this Agreement, but also to the terms and conditions contained in your AVON CANADA Independent Sales Representative Agreement and the Avon Canada Privacy Statement.
1. Note Regarding AVON CANADA Independent Sales Representatives
AVON CANADA Independent Sales Representatives are independent third party contractors of AVON CANADA and are not otherwise affiliated with AVON CANADA. AVON CANADA is not responsible or liable for the statements, acts or omissions of AVON CANADA Independent Sales Representatives, whether through or in connection with the AVON CANADA WEBSITES, "offline," or otherwise. Without limiting the foregoing, although AVON CANADA may provide AVON Independent Sales Representatives with certain resources and tools, you acknowledge and agree that AVON CANADA has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by AVON CANADA Independent Sales Representatives to such personalized online sites or any customizations made by AVON CANADA Independent Sales Representatives to such personalized online sites (such information, materials, and customizations, the "AVON CANADA Independent Sales Representative Content") or any materials communicated by a AVON CANADA Independent Sales Representative to you. AVON CANADA has not taken any steps to confirm the accuracy or reliability of any AVON CANADA Independent Sales Representative Content or other materials communicated by an AVON CANADA Independent Sales Representative to you, and makes no representations or warranties as to the security of any communications between you and any AVON CANADA Independent Sales Representatives undertaken using AVON CANADA Independent Sales Representative Content ( for example, email links posted by AVON CANADA Independent Sales Representatives ).
2. Restricted Uses.
The AVON CANADA WEBSITES are owned and operated by AVON CANADA. The contents of the AVON CANADA WEBSITES are copyrighted under Canadian copyright laws. Except as stated herein, none of the material on the AVON CANADA WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by AVON CANADA to access and use the AVON CANADA WEBSITES, you may download one (1) copy of any particular materials from the AVON CANADA WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of AVON CANADA’s copyright and other proprietary rights.
"AVON CANADA" and the other AVON CANADA trademarks, trade names, service marks and logos appearing on the AVON CANADA WEBSITES are proprietary trademarks of AVON CANADA or its Licensors. The use of any of our trademarks or any other content made available through the AVON CANADA WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the AVON CANADA WEBSITES.
Your submission of information through the AVON CANADA WEBSITES is governed by this Agreement and by AVON CANADA's Privacy Statement (the "Privacy Statement"), Privacy Statement. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
By submitting any information or material to the AVON CANADA Websites, you represent, warrant and agree that
4. Registration; User Names and Passwords.
You may be required to register with AVON CANADA in order to access certain areas of the AVON CANADA WEBSITES, for example, to purchase AVON CANADA products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the AVON CANADA WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the AVON CANADA WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the AVON CANADA WEBSITES that occur in connection with your user name. You agree to immediately notify AVON CANADA of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the AVON CANADA WEBSITES, and to ensure that you "log off" and exit from your account with the AVON CANADA WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct.
We expect users of the AVON CANADA WEBSITES to respect the law as well as the rights and dignity of others. While using the AVON CANADA WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the AVON CANADA WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the AVON CANADA WEBSITES pursuant to Section 14 below.
You agree not to:
Additionally, you acknowledge and agree that you (and not AVON CANADA ) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the AVON CANADA WEBSITES, and for paying all charges related thereto.
6. Ratings, Forums and Submissions.
AVON CANADA may offer features through the AVON CANADA WEBSITES that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Ratings and Forums"). All of the rules of conduct described in Section 5 above apply to the Ratings and Forums. Additionally, without AVON CANADA's express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other AVON CANADA WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any AVON CANADA WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by AVON CANADA without restriction. You grant to AVON CANADA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the AVON CANADA WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the AVON CANADA WEBSITES. The Ratings and Forums include the opinions, statements and other content of third parties, including AVON CANADA Independent Sales Representatives. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including AVON CANADA Independent Sales Representatives) through the Ratings and Forums or otherwise through the AVON CANADA WEBSITES are those of such third parties and not of AVON CANADA, and AVON CANADA does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the AVON CANADA WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that AVON CANADA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Ratings and Forums or any other part of the AVON CANADA WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE AVON CANADA WEBSITES, YOU DO SO AT YOUR OWN RISK.
7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any AVON CANADA WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. AVON CANADA urges you to read the applicable rules which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your AVON CANADA account through a AVON CANADA WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the AVON CANADA WEBSITES will be treated by AVON CANADA in accordance with this Agreement and the AVON CANADA Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
On AVON CANADA WEBSITES, you will be asked to supply certain personal information such as contact information and preferences to create a customer account, and you will be attached to an AVON Independent Sales Representative in your area through whom you may purchase AVON products or services. Acceptance of orders is at the discretion of the AVON Independent Sales Representative. Any such information provided through the AVON WEBSITE will be treated by AVON in accordance with this Agreement and the Privacy Statement. Verification of your information may be required. Pricing and availability of any product or service identified through the AVON CANADA WEBSITES are estimates only and subject to change without notice. Contact your AVON Independent Sales Representative to confirm availability and pricing. Your AVON Independent Sales Representative sets the final selling price and applicable tax, shipping/handling and other fees or charges that may apply.
AVON CANADA reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the AVON CANADA WEBSITES are subject to change without notice, and AVON CANADA shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to AVON CANADA's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the AVON CANADA WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
9. Intended Audience.
AVON CANADA controls and operates the AVON CANADA WEBSITES from its offices located in Canada, and the AVON CANADA WEBSITES are not intended to subject AVON CANADA to the laws or jurisdiction of any Province, country or territory other than those of Canada. Unless otherwise specified, materials made available through the AVON CANADA WEBSITES are presented solely for the purpose of providing services and promoting products available in Canada. AVON CANADA makes no representation or warranty that any AVON CANADA WEBSITE, in whole or in part, or any products, services, or materials made available through the AVON CANADA WEBSITES, are appropriate or available for use in other locations. Those who choose to access the AVON CANADA WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
10. Links to or From Other Sites.
Except as otherwise expressly stated by AVON CANADA on an AVON CANADA WEBSITE, AVON CANADA is not affiliated or associated with operators of any third party websites that link to or are linked from the AVON CANADA WEBSITES. AVON CANADA expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the AVON CANADA WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the AVON CANADA WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
AVON CANADA shall have the right, at any time and at its sole discretion, to block links to the AVON CANADA WEBSITES through technological or other means without prior notice.
THE AVON CANADA WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON CANADA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON CANADA WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON CANADA MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON CANADA INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE AVON CANADA WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE AVON CANADA WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE AVON CANADA WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE AVON CANADA WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the AVON CANADA WEBSITES and the servers from which the AVON CANADA WEBSITES are operated, the AVON CANADA WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the AVON CANADA WEBSITES. If you become aware of any unauthorized third party alteration to the AVON CANADA WEBSITES, Contact Us with a description of the material(s) at issue and the URL or location on the applicable AVON CANADA WEBSITE where such material(s) appear.
12. Limitation of Liability.
IN NO EVENT SHALL AVON CANADA , ITS PARENT COMPANY, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "AVON CANADA ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE AVON CANADA WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE AVON CANADA WEBSITES, OR (D) THE ACTS OR OMISSIONS OF AVON CANADA INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF AVON CANADA OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON CANADA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON CANADA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY AVON CANADA INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON CANADA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE AVON CANADA WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE AVON CANADA WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE AVON CANADA WEBSITES.
You will indemnify and hold the AVON CANADA Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the AVON CANADA WEBSITES; (b) any violation of this Agreement or any other AVON CANADA terms, conditions or policies by you or through any account you may have with any AVON CANADA WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the AVON CANADA WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any AVON CANADA WEBSITE visitor, user, or customer, or any her third party; and you agree to reimburse the AVON CANADA Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
14. Termination and Enforcement.
This Agreement is effective until terminated by AVON CANADA. You agree that AVON CANADA, at its sole discretion, may terminate your access to or use of the AVON CANADA WEBSITES, at any time and for any reason, including without limitation if AVON CANADA believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the AVON CANADA WEBSITES will immediately cease. You agree that any termination of your access to or use of the AVON CANADA WEBSITES may be effected without prior notice and that AVON CANADA may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that AVON CANADA shall not be liable to you or any third party for any termination of your access to the AVON CANADA WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. AVON CANADA reserves the right to takes steps that AVON CANADA believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the AVON CANADA WEBSITES and/or a third party claim that your use of the AVON CANADA WEBSITES is unlawful or violates such third party's rights).
15. Claims of Copyright Infringement.
If you are a copyright owner or an agent thereof and believe that materials available on the AVON WEBSITE infringe your copyright, you may submit a written Notification to AVON CANADA with the following information:
It is often difficult to determine if your intellectual property rights have been violated; AVON CANADA may request additional information before removing any allegedly infringing material. AVON CANADA may provide the alleged infringing party with your email address so that that person can respond to your allegations. AVON CANADA reserves the right to remove any materials available on the AVON WEBSITE which may infringe the copyright of any person under the laws of Canada upon receipt of such a Notification. Notifications should be sent to Colleen Leithman, Director Legal, Avon Canada Inc., 5500 TransCanada Highway, Pointe-Claire, Quebec Canada H9R 1B6; fax: 514-630-8374; email: email@example.com.
16. Governing Law.
This Agreement shall be governed by the laws of the Province of Quebec and federal laws of Canada applicable therein without regard to its conflicts of laws principles. Any dispute with AVON CANADA, or its parent, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively in the courts located in the judicial district of Montreal, Province of Quebec, Canada.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AVON CANADA. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and AVON CANADA relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AVON CANADA relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any AVON CANADA WEBSITE, by email, or by regular mail, at AVON CANADA’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement ©2016 AVON CANADA INC. All rights reserved.