Terms and Conditions of Use

Access to our Website is granted on a temporary basis and we reserve the right to withdraw or modify that access without notice (see “Website availability” below). We are not liable in the event that the Website is unavailable, in whole or in part, for any reason. We also reserve the right at any time to modify or discontinue the whole, or any part of, the Website, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

We reserve the right to block or restrict your access to the Website and/or the applications or other features of this Website and/or applications or other features or parts thereof at any time and without notice.

SCM is not liable for any lack of availability of the Website or any part there of for any reason and for any duration. Access to the Website may be prevented without notice, in particular and without limitation by system failures, maintenance work, repairs and/or other events lying outside the control of SCM. 

Your access to the Website, your ability to load some or all parts of the Website and/or your registration (where applicable) may be withdrawn, blocked and/or terminated by SCM at any time and without notice. SCM is not liable in such events or cases. 

The User is required to provide correct information at the time of registration (where applicable) and to inform SCM without delay if that information changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Website, or any features or portions of the Website. Any access information and codes/passwords customised for the User and notified to the User are intended for the User’s personal use only and must be kept confidential and protected by the User against unauthorised access by third parties. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your registration after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user registration.

The Website may be used for legally permitted purposes only. Without limiting the foregoing, the Website may specifically not be used in the following scenarios:

• if the use of the Website contravenes any applicable regional, provincial/territorial, national or international laws or provisions; 
• if the use of the Website infringes the rights of another person in any other manner;
• if the Website is used for illegal, deceptive or other illicit or dishonest purposes or objectives;
• if the Website is used for the purpose of sending undesired or unauthorised promotional or commercial material or other similar advertising (spam); 
• if the use of the Website disrupts, places unreasonable burdens or excessive loads on, interferes with or attempts to gain unauthorized access to any portion of the Website or our services; 
• use of the Website is to: (i) reverse engineer, disassemble, decompile, or translate the Website or our services or any component of the Website or services; (ii) attempt to derive the source code of the Website or services or any component of the Website or services; (iii) create any derivative work from the Website or services or any component of the Website or services; and/or (iv) authorize or assist any third party to do any of the foregoing;
• use of the Website is to rent, lease, loan, resell, or otherwise distribute the of Website or services or any component of the Website or services; and/or
• if data or other material is transferred, sent or uploaded that contains viruses, Trojan horses, worms, timebombs, keylogger programs, spyware, adware or other harmful programmes or similar computer code designed to have a negative impact on the functioning of software or hardware. 

You may include a link to our Website, provided that you do so in a reasonable and legal manner that does not jeopardise or exploit the reputation of SCM or Emmi Group. You may not link to the Website in a manner that suggests you are in any way connected or associated with or approved or licenced by SCM. SCM reserves the right to withdraw its consent at any time to any links being inserted, and if we do, you must remove those links immediatly.

SCM may not be held liable for the access to and contents of any websites operated by third parties that can be reached via this Website. SCM accepts no obligations, grants no warranties, guarantees or assurances, makes no representations or endorsements, and accepts no liability or responsibility (whether express or implied) with regard to any of the content of other websites. All links to this Website are provided for your benefit only and do not signify that SCM approves of or recommends the contents of these other websites. 

Other websites may have their own privacy policies and terms and conditions that are not governed by these Conditions. We are not responsible for the terms or the privacy practices or the content of any website(s) owned and operated by any third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. 

The name of Switzerland Cheese Marketing, the name of the domain www.cheesefromswitzerland.ca, the logo, company symbol and brand, together will all content on this Website, are wholly owned by SCM and/or its group companies or its licensors. No authorisation is granted to use this intellectual property. The Website and its contents are protected by national and international copyright laws and other laws protecting intellectual property. All rights in such content are wholly reserved by SCM, Emmi Group, its group companies, and/or its licensors. 

With regard to the Website and its contents (including any downloads provided for private use, texts, tree structures, software, animations, photographs, illustrations, diagrams, logos, articles, publications, newsletters, press releases, presentations, brochures, etc.), SCM and/or its group companies, or the licensor, are the holders of the copyright and other rights to the intellectual property therein.

As set out below, individual parts of the Website may not be duplicated, modified, framed, copied or used for any other purpose, including without limitation any economic or business purposes, without prior written consent from SCM. 

You may download and display the contents of the Website on a computer screen or print it out for your own personal, private use (including these Conditions and the Privacy Policy), provided that you comply with all indications with regard to copyright and other intellectual property. Any usage not in conformity with the Conditions may result in legal action being brought against you for breaching the intellectual property of SCM and/or of third parties.

Any User of the Website who infringes the intellectual property rights of SCM may be subject to all remedies and sanctions provided for by national and international laws.

Any comments, suggestions, ideas or other content that you send or otherwise make available to SCM (hereinafter “Submissions”) shall be deemed to have been transmitted on a non-confidential basis, subject to our privacy policy. SCM is not under any obligation to treat such Submissions confidentially and is entitled to use and exploit them at its own discretion unlimited in time or place and free of charge.

When making a Submission, you hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to, the Website any Submission that:

• i. is deemed, in the sole and absolute discretion of SCM, to be defamatory, trade libelous, pornographic or obscene; 
• ii. is deemed, in the sole and absolute discretion of SCM, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of other individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of SCM; any identifiable third party products, trade-marks, brands and/or logos, other than those of SCM; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by SCM in its sole and absolute discretion;   
• iii. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence; 
• iv. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever; 
• v. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or 
• vi. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

Without limiting the foregoing, by making a Submission, you: (i) grant the us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, that Submission (in any format or media); and (ii) waive all moral rights in and to that Submission. For greater certainty, this means that, among other things, the we have the right to use any and all ideas you submit (including ideas about our products, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

By making a Submission, you acknowledge, agree, warrant and represent to us that any and all Submissions (in any format or media) you make:

• are original to you and that you have obtained all necessary rights in and to the Submission and all of their components (if applicable) to post, upload, or otherwise submit them to us; and 
• do not violate any law; and 
• comply with these Conditions. 

The manner in which personal data is gathered and processed by SCM is described in the Privacy Policy. The Privacy Policy may be consulted via the www.cheesefromswitzerland.ca/can/en/privacy-policy to the Privacy Policy. 

If you provide personal data via the Website, you undertake to provide information that is accurate and does not interfere with the interests or rights of SCM or third parties. If you provide personal data of others via the Website, you agree to to do so only after providing such notices and obtaining such consent as required under applicable law. 

To the fullest extent permitted by applicable law, and except where prohibited for individuals residing in the province of Quebec, the Website is made available without obligation, undertaking, warranty or guarantee. SCM hereby rejects any liability or responsibility for loss or damage of any nature (including but not limited to failure to make a profit, unrealised savings or fruitless expenditure) that may arise via or in connection with your access to or use of this Website or with any trust in this Website, to the fullest extent permitted by applicable law. This exclusion of liability applies to any of SCM companies and subcontractors as well to any agents, directors, employees, shareholders or representatives of Emmi and/or its group companies and subcontractors. 

The aforementioned exclusion of liability shall apply regardless of whether any such loss or damage occurs during the normal course of events or is reasonably foreseeable, or whether it occurs as a result of other errors or omissions on the Website (whether intentional or negligent in nature). 

This aforementioned exclusion of liability does not apply to liability based on mandatory product liability or to death or bodily injury caused by negligence or fault of SCM, its group companies and subcontractors or any agents, directors, employees, shareholders or representatives thereof. Any exclusion or limitation of liability for gross negligence or unlawful intent of SCM, its group companies and subcontractors or of any of their agents, directors, employees, shareholders or representatives is also excluded.

Although SCM endeavours to keep this Website free of viruses or other destructive computer code, no obligation, undertaking, warranty or guarantee shall be assumed (whether explicitly or implicitly) with respect to viruses or such computer code. You must take the reasonable precautions yourself before using the Website or downloading content from it. 

Nothing in this “Liability” section shall apply to SCM’s liability for goods, products and services purchased via associated websites. Such purchases are governed by the terms and conditions of sale applicable in each case. 

SCM’s failure to enforce or apply any individual parts or rights of these Conditions shall not constitute a waiver of such rights, unless SCM has acknowledged and declared such waiver in writing.

Except where prohibited for individuals residing in the province of Quebec, these Conditions and your use of this Website are governed exclusively by Canadian law, to the exclusion of the conflict of laws rules. The exclusive place of jurisdiction shall be SCM’s registered office, but SCM is also entitled to assert its rights before any other competent court in order to protect its copyrights or to assert other rights to which SCM is entitled.

These provisions on applicable law and jurisdiction shall apply subject to the application of any mandatory provisions to the contrary.

These Conditions shall apply from June 2026 onwards. They may be consulted on our Website www.cheesefromswitzerland.ca and may be printed out. You can contact us at info@eatswitzcheese.ca.