The Art Gallery of Ontario (the “AGO”) is pleased to provide this website and our on-line e-store (collectively, the “AGOSite”). The following describes the terms (the “Terms” that govern your use of the AGO Site, and the services and goods provided through the AGO Site. Your use of the AGO Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the AGO Site.
1. Use of the AGO Site
(a) Content
The information and materials contained at the AGO Site, including the text, images, arrangement and general design (collectively, the “Content”)are owned or licensed by the AGO, the respective artist or the artist’s heirs. You are authorized to view or download a single copy of the Content solely for your personal, educational, non-commercial use provided youretain all proprietary notices contained in the Content. You may notmodify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of the AGO or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gainis not permitted.
(b) Prohibited Use
You may not use the AGO Site in any manner which is contraryto applicable local, provincial, national, international and foreign laws or regulations governing your use of the AGO Site. It is solely your responsibility to determine whether your use of the AGO Site is lawful. You may not use the AGO Site in any manner which could damage, disable, overburden or impair the AGO Site or interfere with any other party’s use and enjoyment ofthe AGO Site.
(c) Prices and Orders
The AGO reserves the right to change the prices, fees and chargesregarding the goods and services available through the AGO Site (includingthe e-store) at any time and from time to time without any notice or liabilityto you or any other person. The AGO cannot guarantee that goods or services advertised on the AGO Site will be available when ordered or thereafter. TheAGO also reserves the right at any time to reject, correct, cancel or terminateany order. If you order goods or services for which the price was incorrectly displayed,the AGO will provide you with an opportunity to cancel your order. If you ordergoods or services that are not available, the AGO will notify you by emailwith an expected shipping date. The AGO reserves the right to limit quantities sold.
(d) Modification
The AGO reserves the right to change or modify the terms, conditions, and notices under which you may use the AGO Site. The AGO will post all changes or modifications to these Terms on the AGO Site. Eachuse of the AGO Site will constitute your acceptance of the Terms posted onthe AGO Site at that time.
(e) Membership
Current AGO members are entitled to the member’s priceas noted by each item on the AGO Site. You will be asked for your membership number when you place your order.
Only members are entitled to receive the membership discount. You are not permitted to share your membership number for the purposes of enabling non-members to receive the membership discount.
You are solely responsible and liable for any use and misuseof your membership number. You must ensure that all uses of your membership comply with these Terms.
You must immediately notify the AGO of any unauthorized useof your membership number, or if you know or suspect that your membership number has been lost or stolen, has become known to any other person, or has been otherwise compromised.
2. Your Information
The AGO is committed to protecting the privacy of its onlineguests and customers. We only collect personally identifiable informationthat you provide or that is otherwise provided to us on your behalf. Unlesswe advise otherwise, your information will only be used for the purpose forwhich it was provided or to contact you.
(a) Volunteers
If you complete an application form to volunteer,we will use the personal information you provide to contact you and to performadministrative activities related to your volunteer work.
(b) E-Store Purchases
When you make a purchase we will ask you to provide only thepersonally identifiable information necessary to complete the transaction includingyour name, billing and shipping addresses, telephone number, and credit cardnumber. We also require your e-mail address so you can receive orderand shipping confirmation e-mails and so we can communicate with you if thereis any follow-up required in processing your order.
(c) Members
The personal information you provide with respect to your membershipis used to process your membership purchase and enables you to receive additionalmembership communications from the AGO. The AGO uses password protocols and encryption software to protect the personalinformation we receive when a membership is purchased on-line.
As a member of the AGO, we may on occasion provide you with additional information that may be of interest to you such as: education programs,art camp, exhibitions, events, gallery shop, fundraising projects, or otherspecial initiatives. Occasionally, we may make our list of members andtheir contact information available to other carefully screened like-mindedcultural organizations that may also be of interest to you. If you prefernot to have your information exchanged, please e-mail us at membership@ago.net.
(d) Contests
If you participate in our contests we will use your informationto contact you to determine whether you are interested in becoming a memberof the AGO.
(e) E-Newsletters
If you advise us that you wish to subscribe to our e-newsletters,your information will be used to provide you with the e-newsletters and tocontact you to determine whether you are interested in becoming a member ofthe AGO.
3. Purchases from the AGO e-store
(a) Purchase of Gift Certificates
When purchasing gift certificates on-line please note that thegift certificate will not be activated until the AGO e-store has received emailconfirmation from the purchaser that the gift certificates have been received.Upon receipt of your gift certificate please email us at e-store@AGO.net andreference your Order Confirmation Number. We will immediately activate yourgift certificate at that time.
(b) Credit Card Charges
We accept the following credit cards:
- Visa
- MasterCard
- American Express
You credit card will be charged approximately 1 to 2 days priorto shipping. In the case of a partial shipment you will only be charged foritems shipped.
(c) Confirmation of Order
You will receive an e-mail conformation of your order. Pleasenote the Confirmation/Transaction Number for purposes of order tracking.
(d) Order Cancellation
Order cancellation will be accepted via email within 24 hoursof initial placement of order.
(e) Shipping Policy
Shipping is available to most destinations within Canada, theU.S. and major International locations. Please allow up to 20 business daysfor delivery of items.
The AGO will notify you if any item cannot be shipped within30 days, and you will be given the option to wait until the item becomes available.Items will not be charged to your credit card until your order is being prepared.
The shipping prices indicated on the AGO Site or otherwise leviedinclude both the cost of shipping using Canada Post services and the AGO’shandling costs.
Some heavy or bulky items require additional shipping charges.These charges are indicated on the page of the applicable products.
(f) Sales Taxes, Customs and Duty
All prices indicated at the AGO Site do notinclude applicable tax (including sales and goods and services tax) or customand duty charges.
(g) Returns
We want all our customers to be completely satisfied with their purchases. If you are not completely satisfied with your purchase you may return it within 30 days of shipment. We will only accept returns through the mail if we have been notified in advance by email (e_store@AGO.net) of your intention to return the merchandise. The merchandise must be in original condition, be accompanied by the sales receipt and shipped back to the Gallery prepaid in the original packaging. All refunds will be given in the manner in which the purchase was made. We will issue the refund once the merchandise has been received provided it is in good condition. We will not refund any shipping charges.
(h) Customer Service
If you require additional information please contact us:
- email at Retail_Operations@ago.net
- telephone at 416 979-6690
Tuesday, Saturday & Sunday: 11:00 am – 6:30 pm After January 12, 2009, Friday: 11:00 am – 6:30 pmShop AGO Hours of Operation:
Wednesday, Thursday & Friday: 11:00 am – 9:30 pm
Closed on Monday
4. Disclaimer
THE AGO SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,WHERE IS” BASIS. THE AGO DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONSAND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOTLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE AGO SITE OR ANY OFTHE CONTENT.
THE AGO DOES NOT WARRANT THAT THE AGO SITE AND THE CONTENT AREFREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE AGO SITE AND CONTENTWILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATEDTO YOUR USE OF THE AGO SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE,ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS OR COMMUNICATION LINE FAILURE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE AGO FURTHERDOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (I) REGARDING THEGOODS OR SERVICES PROVIDED THROUGH THE AGO SITE (THE “PRODUCTS”), (II) REGARDING THE USE OF THE PRODUCTS, (III)THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, OR (IV)THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.
5. Limitation of Liability
THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHERWARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIESTO THESE TERMS.
THE AGO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANYDAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE),EXPENSES, LOSS OF PROFITS, LOSS OF EARNING, LOSS OF BUSINESS OPPORTUNITIES,LOSS OF DATA OR OTHER LOSS, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTIONWITH THE PROVISION, USE OR FAILURE OF THE AGO SITE, AND/OR THE CONTENT, WHETHERNEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTIONIN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.
6. Indemnity
You agree to indemnify, defend and hold harmless the AGO andits respective agents, directors, officers, employees and licensors, and allother related, associated, or connected persons (collectively, the "IndemnifiedParties") from and against any and all liabilities, expenses and costs,including without limitation reasonable legal fees and expenses, incurred bythe Indemnified Parties in connection with any claim or demand arising outof, related to, or connected with the use of the AGO Site by you or your breachof this agreement. You will assist and co-operate as fully as reasonably requiredby the Indemnified Parties in the defence of any such claim or demand.
7. Contests
From time to time the AGO may make contests available to usersof the AGO Site and others. All contests are governed by these Terms and theapplicable rules of the contest (the “Rules”). By participatingin a contest through the AGO Site, you signify your agreement and acceptanceof these Terms and the applicable Rules.
8. Links
Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement bythe AGO of the owners or operators of the Linked Sites, an endorsement of thecontent, products, advertising or other materials contained in the Linked Sites,or any association between the AGO and the Linked Sites. The AGO is notin control of any of the Linked Sites and is not responsible for the contentsof the Linked Sites, including without limitation any link contained in theLinked Sites or any changes or updates to the Linked Sites.
9. Miscellaneous
(a) Survival
The disclaimer, limitation of liability and indemnity provisionsin these Terms will survive indefinitely after the termination of these Terms.
(b) Marks
The Art Gallery of Ontario and the AGO logo (collectively the “Marks”)appearing on the AGO Site are registered trademarks, trademarks or servicemarks of the Art Gallery of Ontario. The use of the Marks is strictlyprohibited without the prior written consent from the AGO. All othertrademarks, product names and company names or logos cited herein are the propertyof their respective owners.
Nothing appearing on the AGO Site or elsewhere will be construedas granting, by implication, estoppel, or otherwise, any licence or right touse any Marks displayed on the AGO Site.
(c) Severability
If any provision of these Terms are invalid or unenforceableunder applicable law, then it will be, to that extent, deemed omitted and theremaining provisions will continue in full force and effect.
(d) Entire Terms
Unless specifically provided herein, these Terms constitutethe entire agreement between you and the AGO with respect to your use of theAGO Site. These Terms will supersede all prior agreements, understanding,negotiations and discussions, either oral or written between the parties. Thereare no representations, warranties, conditions or other agreements, expressor implied, statutory or otherwise, between the parties in connection withthe use of the AGO Site except as specifically set forth herein.
(e) Termination
These Terms will automatically terminate if you are in breachof any of the provisions contained herein. The AGO reserves the right,in its sole discretion, to suspend or terminate your access to the AGO Siteand the related services or any portion thereof at any time, without notice. Uponany such termination you may no longer access and/or use the AGO Site.
The AGO may, in its sole discretion, change, suspend or terminate,temporarily or permanently, the AGO Site or any part of it or any of its featuresat any time, for any reason, without any notice or liability to you or anyother person.
If these Terms or your permission to use the AGO Site is terminatedby you or the AGO for any reason, these Terms will nevertheless continue toapply and be binding upon you in respect of your prior use of the AGO Siteand your purchases of goods and services through the AGO Site and anythingconnected with, relating to or arising from those matters.
(f) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordancewith the laws of the Province of Ontario and the federal laws of Canada applicabletherein. You hereby expressly consent to the sole and exclusive jurisdictionand venue of the courts of the Province of Ontario, located in the city ofToronto for any legal proceeding arising out of or relating to your use ofthe AGO Site or these Terms.