Terms of Use & Privacy Policy
GENERAL TERMS OF USE AND CONDITIONS
Please review these Terms of Use carefully prior to using the website at torontomarket.co and associated services (the “Services”), as you are deemed to accept and be bound by these Terms of Use in accessing any of the Services.
Toronto Market Company Inc. ("TMCo") reserves the right to change these Terms of Use, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to accessing any of the Services to ensure you have an understanding of the current terms of use under which you are permitted access to this website.
Should you disagree in any manner with these Terms of Use, you are required to immediately discontinue your use of the Services.
REGISTRATION
When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. TMCo shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
PLACING AN ORDER
All dollar amounts on the website are in Canadian dollars.
By completing the checkout and submitting an order through torontomarket.co, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or other permitted payment method.
In order to complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time.
During the authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery. If you fail to pay any fees or charges when due, we reserve the right to charge such amount directly to the credit card as provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) via the website or by contacting TMCo by email until the Sunday prior to the delivery or pick-up date selected (the “Cut-off time”).
If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to delivery date.
INTENDED USE AND RESTRICTIONS
The material on the torontomarket.co website and associated services is owned or licensed by TMCo and is intended to be viewed by users in Ontario only. As the website is for business and commercial purposes, access to the website is not intended for use and may not be legally accessed by persons under the age of sixteen (16) years old.
TMCo makes no claim that the information located at torontomarket.co is appropriate for or may be downloaded legally by users from outside of Ontario.
Subject to the TMCo Privacy Policy that restricts the use of personal data, any material, information or ideas that you as a user transmit or post on torontomarket.co by any means whatsoever will be treated as non-confidential and non-proprietary, and may be disseminated or used by TMCo for any purpose it deems appropriate.
Users accessing the Services are advised that it is prohibited to post or transmit on or via the Services any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law.
COPYRIGHT
TMCo or the entity from which TMCo licenses copyrighted material is the copyright owner of the website design, text and graphics, and the selection and arrangement of such elements as part of the Services. Any reproduction, distribution, republication, posting, or transmission of the Services in any form or by any means without the express prior written approval of TMCo and/or the licensee is strictly prohibited.
TMCo grants to you as a user of the Services permission to lawfully access and use the services available at torontomarket.co and to download, archive and print in hard copy, portions of the website for personal use only, provided that you do not modify the materials and that you retain all proprietary notices contained in the materials on such downloaded, archived or printed materials. Users are strictly prohibited from selling any downloaded, archived or printed portions of the website.
TMCo permission to you terminates automatically, without any need of notification of such termination, if you breach any of these Terms of Use.
TRADEMARKS
“Toronto Market Company” and the torontomarket.co domain name, TMCo’s logos, all page headers, custom graphics are owned by TMCo. In addition, there are numerous other trademarks, product names, company names, logo service marks, and/or trade dress indicated on the website that are the property of their respective owners and are displayed by TMCo under license therefrom. You are prohibited from using any trademarked materials without the express prior written permission of TMCo and/or the licensor.
WARRANTIES RELATED TO THE USE OF THE WEBSITE AND ASSOCIATED SERVICES
Subject to the TMCo return of goods policy, the information, materials and services contained on the torontomarket.co website, including but not limited to, the graphics, links and other items, are being provided to you on an "as is” and “as available” basis with no warranty. TMCo does not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, TMCo disclaims all representations and warranties of any kind, whether expressed, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
As well, TMCo does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, TMCo does not warrant, guarantee or make any representations that access to torontomarket.co will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the websites is at your sole and entire risk.
Items listed on torontomarket.co may not be available or in-stock at all times for purchase. TMCo reserves the right to correct, at any time, any pricing errors on the website. While the website is updated regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. TMCo will not be responsible for any loss or damages arising from such updates or changes.
Without limiting the generality of the forgoing, TMCo disclaims any and all warranties and conditions - express or otherwise - for, nor shall TMCo be held responsible for the quality of, any merchandise displayed on the website.
PROMOTIONS
We may make various promotional offers from time to time on torontomarket.co. We ask that you review the guidelines associated with each special offer, as they may differ. In the event we have inadvertently made a typographical error on any special offer, we reserve the right to suspend redemption or terminate altogether the offer.
We may also offer our customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
INDEMNIFICATION
By accessing any of the Services, you agree to defend, indemnify and hold TMCo harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this website or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.
LIMITATION OF LIABILITY
By accessing any of the Services, you acknowledge, accept and agree that in no event shall TMCo be liable for any damages, including without limitation any and all direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, howsoever caused and under any theory of liability arising out of or in connection with (1) the use of the torontomarket.co website or the inability to use the website by any party; (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; and/or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if TMCo, its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses.
GENERAL TERMS
TMCo reserves the right to correct any inaccuracies or typographical errors in the information posted on torontomarket.co, and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice.
In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, and these Terms of Use shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in these Terms of Use.
TMCo failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision, right or obligation.
These Terms of Use constitutes the entire agreement between TMCo and you and govern your use of the Services, superseding any prior agreements between TMCo and you (including, but not limited to, any prior versions of the Terms of Use).
PRIVACY POLICY
The Privacy Policy of Toronto Market Company Inc. (“TMCo”), including its e-commerce website available at torontomarket.co, is written to assist you to better understand how we collect, use and store personal information. Since we may use this personal information to improve your service experience with us, we are committed to protecting the privacy of your personal information and the details of your shopping behaviour and preferences.
Please note that by accessing the torontomarketco.com and torontomarket.co websites and associated services (the “Services”), you are agreeing to and are bound by the terms of this Privacy Policy and the TMCo Terms of Use. This policy is a binding agreement between TMCo and you as the user of the Services.
As technology and privacy laws evolve, we reserve the right to update this policy. Your continued use of the Services after such notice is given constitutes acceptance of the updated policy.
Your personal information will remain confidential and will not knowingly be disclosed to or made available to anyone outside of our organization except as set out in this Privacy Policy. Within our organization, only those people that require access to your personal information for the purposes described below will have access to that information.
COLLECTION OF INFORMATION
TMCo will collect only such personal information from you as may be required to permit us to fulfill the purposes set out below. Such information may include your name, address, e-mail address, telephone number(s), age, gender, personal interests and shopping or product preferences. We may collect this information to authenticate your identity, to improve your shopping experience, to understand your preferences for the types of products and services that we offer, to administer our promotions, special offers and other programs, to communicate with you and/or to process payment for our products and services.
We may collect additional personal information from you from time to time. By providing such personal information to us, by using the Services and/or by participating in any programs that we may offer from time to time, you consent to our use of personal information disclosed by you for the purposes identified above.
We may also log identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the torontomarketco.com or torontomarket.co websites. This data is used to manage the websites, track usage and improve the website services. This identifiable information may also be shared with third parties to provide more relevant services and notices to users. User IP addresses may be recorded for security and monitoring purposes.
We may also use your e-mail address to send updates, a newsletter or news regarding our products or services. We will provide you with the option to choose not to receive e-mails of this type or to unsubscribe from such communications, while still receiving e-mails relevant to your specific order(s).
We are committed to honest and open communication and will make your personal information available to you upon request.
CHILDREN
TMCo does not intend to collect any personal information from children under the age of sixteen (16). If a parent or guardian of a child who has provided us with such personal information wishes to have such information deleted from our records, he or she should contact us at the e-mail address listed at the bottom of this Privacy Policy. We will then take all necessary measures to delete the child's personal information from our files.
USE OF COOKIES
Cookies are small amounts of data that may include a unique identifier. These are sent to your browser from a website and stored on your device. Each device that accesses our Services is assigned a different cookie by us. Specifically, TMCo may use cookies to store visitors' preferences and to record session information, to ensure that visitors are not repeatedly offered the same page content and to customize newsletter, promotional, and content based on browser type and user information. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you may be required to enable cookies from us in order to use certain functions on the torontomarketco.com or torontomarket.co websites.
LINKS & SHARING OF INFORMATION
Any personal information that we do collect is for internal purposes only and to ensure we can fulfil your order(s) along with our partners. We do not sell or share your personal information with any external organization except to authorized electronic commerce service providers, payment processors, and to authorized partners who provide goods and/or services associated with your order(s). You will be subject to the privacy policies of such service providers; however, we will strive to ensure that such policies offer a level of privacy protection of your personal information that is comparable to this policy.
DISCLOSURE OF PERSONAL INFORMATION
Notwithstanding the above, TMCo may disclose personal information to a third party if such disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law(s); (2) to enforce the Terms of Use of any program or to protect our rights; or (3) to protect the safety of members of the public and users of the torontomarketco.com or torontomarket.co websites. We reserve the right to disclose personal information to any prospective successor in interest that is in good faith contemplating the acquisition of our business or substantially all of our assets. We further reserve the right to transfer all such personal information to such prospective successor in interest in the event of a sale, amalgamation, continuance or other transfer or conveyance of our business or substantially all of our assets.
RETENTION AND SAFEGUARDING YOUR PERSONAL INFORMATION
TMCo will retain your personal information for as long as it is required to fulfill our obligations to you as our customer. We will take all necessary and reasonable measures to safeguard that information from any unauthorized access. We use industry-standard encryption technology.
WHO IS ACCOUNTABLE TO ENSURE THAT INFORMATION IS KEPT CONFIDENTIAL?
While our entire company is committed to respecting and safeguarding your personal privacy, TMCo’s Privacy Officer is specifically responsible for ensuring that your personal information remains confidential.
ACCESS TO YOUR PERSONAL INFORMATION HELD BY TORONTO MARKET COMPANY INC
We are committed to keeping you informed and to ensuring the accuracy of your personal information. At your request, we will provide you with details of all of your personal information in our possession. In some limited cases, we may be unable to access or provide some specific information.
You may send us a written request requiring that your personal information be deleted from our databases, or you may request that your personal information be updated or corrected to rectify any inaccuracies.
Ultimately, if you are dissatisfied with our Privacy Policy or the Services in general, you may discontinue use of the Services at any time and request that we delete your personal information from our systems.
CONTACTING US
Should you have any questions or complaints about TMCo Privacy Policy or privacy practices, or should you wish to amend, delete or update your personal information, please contact us at hello@torontomarketco.com, or at the following address: Toronto Market Company Inc, 369 Dupont Street, Toronto, Ontario, M5R 1W2, Canada. All written requests will be reviewed by our Privacy Officer and will be responded to within a reasonable time frame.