The Art Gallery of Ontario (the “AGO”) is pleased to provide this website and our on-line e-store (collectively, the “AGO Site”). 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
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 you retain all proprietary notices contained in the Content. You may not modify, 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 gain is not permitted.
(b) Prohibited Use
You may not use the AGO Site in any manner which is contrary to 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 of the AGO Site.
(c) Prices and Orders
The AGO reserves the right to change the prices, fees and charges regarding the goods and services available through the AGO Site (including the e-store) at any time and from time to time without any notice or liability to 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. The AGO also reserves the right at any time to reject, correct, cancel or terminate any 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 order goods or services that are not available, the AGO will notify you by email with an expected shipping date. The AGO reserves the right to limit quantities sold.
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. Each use of the AGO Site will constitute your acceptance of the Terms posted on the AGO Site at that time.
Current AGO members are entitled to the member’s price as 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 misuse of 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 use of 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 online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.
If you complete an application form to volunteer, we will use the personal information you provide to contact you and to perform administrative activities related to your volunteer work.
(b) E-Store Purchases
When you make a purchase we will ask you to provide only the personally identifiable information necessary to complete the transaction including your name, billing and shipping addresses, telephone number, and credit card number. We also require your e-mail address so you can receive order and shipping confirmation e-mails and so we can communicate with you if there is any follow-up required in processing your order.
The personal information you provide with respect to your membership is used to process your membership purchase and enables you to receive additional membership communications from the AGO. The AGO uses password protocols and encryption software to protect the personal information 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 other special initiatives. Occasionally, we may make our list of members and their contact information available to other carefully screened like-minded cultural organizations that may also be of interest to you. If you prefer not to have your information exchanged, please e-mail us at firstname.lastname@example.org.
If you participate in our contests we will use your information to contact you to determine whether you are interested in becoming a member of the AGO.
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 to contact you to determine whether you are interested in becoming a member of the AGO.
When you view our website, we may store some information on your computer in the form of a "cookie" – a text file we place on your browser. The cookie enables select advertising partners of the AGO to collect anonymous information about your visits to our website, which allows them to develop AGO advertising so that it directly relates to offers that may be of interest to you and to distribute web advertisements based on your internet browsing patterns.
If you would prefer not to receive relevant advertisements, you may opt out at any time by clearing the cookies on your computer after visiting our website. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
3. Purchases from the AGO e-store
(a) Purchase of Gift Certificates
When purchasing gift certificates on-line please note that the gift certificate will not be activated until the AGO e-store has received email confirmation from the purchaser that the gift certificates have been received. Upon receipt of your gift certificate please email us at email@example.com and reference your Order Confirmation Number. We will immediately activate your gift certificate at that time.
(b) Credit Card Charges
We accept the following credit cards:
- American Express
You credit card will be charged approximately 1 to 2 days prior to shipping. In the case of a partial shipment you will only be charged for items shipped.
(c) Confirmation of Order
You will receive an e-mail conformation of your order. Please note the Confirmation/Transaction Number for purposes of order tracking.
(d) Order Cancellation
Order cancellation will be accepted via email within 24 hours of initial placement of order.
(e) Shipping Policy
Shipping is available to most destinations within Canada, the U.S. and major International locations. Please allow up to 20 business days for delivery of items.
The AGO will notify you if any item cannot be shipped within 30 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 levied include both the cost of shipping using Canada Post services and the AGO’s handling 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 not include applicable tax (including sales and goods and services tax) or custom and duty charges.
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 (firstname.lastname@example.org) 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
Shop AGO Hours of Operation:
Tuesday to Sunday: 12 noon – 6 pm
Wednesday: 12 noon – 9 pm
Closed on Monday
THE AGO SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,WHERE IS” BASIS. THE AGO DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, 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 ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE AGO SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO 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 FURTHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (I) REGARDING THE GOODS 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 OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THESE TERMS. THE AGO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (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 CONNECTION WITH THE PROVISION, USE OR FAILURE OF THE AGO SITE, AND/OR THE CONTENT, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW.
You agree to indemnify, defend and hold harmless the AGO and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the AGO Site by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
From time to time the AGO may make contests available to users of the AGO Site and others. All contests are governed by these Terms and the applicable rules of the contest (the “Rules”). By participating in a contest through the AGO Site, you signify your agreement and acceptance of these Terms and the applicable Rules.
Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement by the AGO of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the AGO and the Linked Sites. The AGO is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.
The Art Gallery of Ontario and the AGO logo (collectively the “Marks”) appearing on the AGO Site are registered trademarks, trademarks or service marks of the Art Gallery of Ontario. The use of the Marks is strictly prohibited without the prior written consent from the AGO. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Nothing appearing on the AGO Site or elsewhere will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Marks displayed on the AGO Site.
If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
(d) Entire Terms
Unless specifically provided herein, these Terms constitute the entire agreement between you and the AGO with respect to your use of the AGO Site. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the AGO Site except as specifically set forth herein.
These Terms will automatically terminate if you are in breach of any of the provisions contained herein. The AGO reserves the right, in its sole discretion, to suspend or terminate your access to the AGO Site and the related services or any portion thereof at any time, without notice. Upon any 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 features at any time, for any reason, without any notice or liability to you or any other person.
If these Terms or your permission to use the AGO Site is terminated by you or the AGO for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the AGO Site and your purchases of goods and services through the AGO Site and anything connected with, relating to or arising from those matters.
(f) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of the AGO Site or these Terms.