Terms of Use




The owner of this website, Mizkan America, Inc. or affiliate (referred to either as “Website Owner” or “we” or “us” or “our”), provides the content, information and materials contained on this website or any of the pages comprising the Website (“Website”) to users or visitors (referred to either as “you” or “your” hereinafter) solely for your convenience. We hope that you will enjoy your visit to this Website and will find its content to be informative and helpful.


The use of this Website is subject to the terms and conditions set out in these Website terms and conditions as well as the Website Owner’s privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section of this Website (collectively referred to as “Terms of Use”). You have no permission to use this Website if you do not agree to these Terms of Use. By using this Website, you agree to these Terms of Use and will, at all times during your use, abide by these Terms of Use. If this is not acceptable, you must immediately cease further use of this Website.


All right, title and interest in and to the content of this Website, including text, images, graphics, audio and video material, proprietary information, the selection, sequence and “look and feel” and arrangement of items, and all copyrightable or otherwise legally protectable elements of the Website (“Website Materials”), is the property of Website Owner, its successors and assigns or its licensors. The trademarks, names, brand names, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered or unregistered trademarks of the Website Owner, its successors and assigns or its licensors. Nothing contained on this Website should be construed as granting any license or right to use any Trademark or Website Materials without the prior written permission of the Website Owner.


Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Website.


The Website Owner may, from time to time, include on this Website one or more links to external websites which have no connection with this Website or the Website Owner (“Linked Site”). A link to a Linked Site is provided solely for your convenience. The inclusion of any Linked Site does not imply a referral by Website Owner to, or an approval, sponsorship or endorsement by Website Owner of, the Linked Site, its content or any products or services which may be offered at that Linked Site. Linked Sites are beyond the control of the Website Owner, and the Website Owner is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. The Website Owner shall not be liable for any damage that might result from your use of the information or products or services at a Linked Site. Use or reliance on any Linked Site and the content thereat is at your own risk. When visiting Linked Sites, you must refer to that Linked Site’s terms and conditions of use. No hypertext links to this Website shall be created from any website controlled by you or otherwise without the express prior written permission of the Website Owner. Please contact us at Bertolli.us@mizkan.com if you would like to link to this Website or would like to request a link to your website.


From time to time the Website Owner updates the content, information, promotions, commentary, notes, data or other materials on the Website (“Information”), including Information which may be provided on this Website by any third person or data or content provider authorized by the Website Owner (“Third Person Provider”). However, neither the Website Owner nor any Third Person Provider make any representations or warranties as to the sequence, accuracy, completeness, currency or reliability of the Information and shall not be bound in any manner by any Information contained on the Website. The Information is offered for general informational purposes only. No Information shall be construed as advice or recommendation. You (and your company if any) rely on the Information contained on this Website at your own risk. The Website Owner reserves the right at any time without prior notice to change or discontinue any Information on this Website. If you find an error or omission at this site, we would appreciate your letting us know.


THIS WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Website Owner makes no warranties, representations, statements or guarantees (whether express or implied in law, including implied warranties of merchantability or fitness for a particular purpose, title and non-infringement) regarding the Website, the Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, the Website Owner makes no warranty that (i) the operation of the Website will meet the your requirements; (ii) access to the Website will be uninterrupted or timely or free of defects or errors, (iii) access to the Website will be secure, free of malicious code, including viruses, worms, time bombs, cancelbots, malware, spyware, Trojan horses or other potentially harmful software programs, materials or information (collectively “Malware”), (iv) the results that you may obtain from your use of the Website will be accurate or reliable; or (v) defects or errors on the Website will be corrected. You (and not Website Owner) assume the entire cost of all servicing, repair, or correction that may be necessary to your computer equipment and software as a result of any Malware, errors or any other problems whatsoever you may have as a result of using this Website.


The Website Owner may, from time to time, create (as well as modify or terminate) sections or locations on this Website which allow the public to post or transmit materials, comments, messages or information, including bulletin boards, hosted pages, comment sections or chat rooms (“Public Forums”). The Website Owner is not responsible for any material submitted to or placed on a Public Forum. Any material on a Public Forum (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner may from time to time monitor or review postings, messages and other transmissions on a Public Forum. However, the Website Owner is under no obligation to do so and assumes no responsibility or liability arising from any failure to monitor or eliminate from the Website any postings, messages or transmissions that violate these Terms of Use.

You hereby assign and waive all of your respective right, title and interest in all copyrights and moral rights and other intellectual property and proprietary rights in any material you post on a Public Forum, including but not limited to comments, messages or information.


The Website is to be used solely for your personal and non-commercial use and for no other purposes. The following are strictly prohibited:

  • the use of any Trademark or any modification of the Website Materials or use of the Website Materials for any other purpose other than as authorized in these Terms of Use (unless separately authorized by Website Owner in writing on each occasion thereof); and
  • the use of any Trademark or Website Materials on any other website or computer network without Website Owner’s prior written consent; and
  • the alteration, deletion or concealment of any copyright or other notices contained on the Website, including notices on any material you download, transmit, display, print or reproduce from the Website; and
  • the reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcasting or circulation to any third person (including on or via a third person website) or other use of any Website Materials without the express prior written consent of Website Owner or its owner if Website Owner is not the owner.


The Website Owner grants no permission to use, and you shall not use, the Website or any Public Forum to do any of the following (“Prohibited Use”):

  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third persons; or
  • publish, post, distribute or disseminate any information, comments, statements or other material that is defamatory, obscene, vulgar, pornographic, indecent, threatening, inflammatory, sexually explicit or sexually suggestive, offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive to any person because of race, religion, national origin, ethnicity, gender or sexual orientation; or
  • impersonate or appear to impersonate any other person; or
  • post or upload files that contain Malware, corrupted files or any other similar software or programs that may damage the operation of the Website Owner’s or a third person’s computer system or network; or
  • affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else or discourage any person from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website; or
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” ; or
  • transmit, distribute or upload programs or material that contain Malware; or
  • forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; or
  • violate any copyright, trademark, other applicable laws or regulations or international treaties or intellectual property rights of the Website Owner or any third person; or
  • submit content containing business, commercial, advertising, marketing or promotional material or information which is intended to solicit business or offer goods or services, whether through linking with any other website or web pages or otherwise; or
  • gain or seek to gain access to the Website or location on the Website which is not authorized by these Terms of Use, including access to other users’ accounts, names, passwords, personally identifiable information and access to other computers, websites or pages, connected or linked to the Website; or
  • modify, disrupt, impair, alter or interfere with the use, features, functions, appearance, “look and feel”, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person; or
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with that person’s or your use of the Website, unless you have obtained the express, prior permission of such other person to do so; or
  • constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or
  • violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person or use the Website in any manner which violates or is inconsistent with these Terms of Use.

The Website Owner reserves the right to remove any material or information constituting a Prohibited Use submitted or posted by you in the Public Forum or elsewhere on the Website without notice to you, if the Website Owner becomes aware and determines, in its sole and absolute discretion that you have posted such prohibited materials or are likely to do so.


You hereby agree to indemnify the Website Owner against any and all losses (whether direct, indirect or consequential), liabilities, obligations, damages, personal injuries, judgments, payments in settlement, awards, interest, penalties, fines, costs, expenses and expert witness and attorneys’ fees (collectively “Losses”) which the Website Owner or any third person incurs in connection with any claim, demand, complaint, cause of action, action, suit, arbitration, judgment, settlement, grievance, proceeding, ruling, order, charge or investigation of any kind or nature (collectively “Claim”) which is directly or indirectly caused by or attributable to any Prohibited Use of the Website by you. You should be aware that it is the general policy of the Website Owner to cooperate with law enforcement authorities, court orders or other legal process requesting or directing Website Owner to disclose the identity of anyone making a Prohibited Use of the Website and also to disclose such identity proactively if the Website Owner has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Website Owner, its employees, its vendors, its customers or the public.


The Website Owner shall not be responsible for and disclaims all liability for any Losses or Claims incurred by you or any third person (including your company if any) which is directly or indirectly caused by or attributable to your access and use of the Website or the content, Website Materials or Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, neither the Website Owner nor any Third Person Provider shall be liable in any way to you or to any other person (including your company if any) for any Loss or Claim arising from any inaccuracy, error or omission, interruption, termination, defect, failure of performance, delay in operation or transmission, line failure or Malware on the Website, or for any actions taken in reliance thereon or occasioned thereby. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations or exclusions may not apply to you. However, in no event shall Website Owner’s total liability to you for any Loss or in connection with any Claim exceed the amount paid by you, if any, for accessing this site.


The Website Owner may, in its sole discretion and at any time without prior notice, modify or discontinue this Website or specific portions of it. You acknowledge that by visiting the Website, you become bound to the current version of these Terms of Use (the “Current Version”) and, unless stated in the Current Version, all previous versions shall be superseded by the Current Version. You shall be responsible for reviewing the then Current Version each time you visit the Website. You should check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you and the permissions and Terms of Use of your use of this Website.


The technologies used on the Website to collect usage information, including device identifiers, include cookies (namely, data files placed on a computer, tablet or other electronic device used to visit the Website (“Device”)). We may place cookies or similar files on your Device for security purposes when you visit this Website. Also, we keep access logs of people accessing our site. None of these will contain information that identifies individuals. Access log is used for statistical analysis and nothing else.


Should you have other questions or concerns about these Terms of Use, please contact us at Bertolli.us@mizkan.com.


Entire Agreement, Amendment: These Terms of Use together with any additional terms, rules, our privacy policy and any other regulations, procedures and policies which we publish or refer to and which are hereby incorporated by reference in these Terms of Use, constitute the entire and final agreement between you and the Website Owner and supersede any and all prior or inconsistent understandings relating to the Website and your use of the Website. These Terms of Use may not be amended, modified or supplemented except in a writing which expressly references these Terms of Use and is signed by the Website Owner. Waivers: No failure by Website Owner to enforce these Terms of Use in whole or in part shall constitute a waiver of any of Website Owner’s rights under these Terms of Use, whether for past or future actions by any person. Only a written waiver signed by an authorized representative of Website Owner shall have any legal effect whatsoever. Governing Law: These Terms of Use and your use of the Website is governed by, construed and enforced in accordance with the laws of the Province of Ontario. Location of Court for Disputes: You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts located in the [Province of Ontario] (“Ontario Court”) for any litigation or other legal or equitable action arising out of or relating to your use of the Website or these Terms of Use, and you hereby waive any objection to such jurisdiction or the laying of venue of any such litigation or action in any Ontario Court and agree not to plead or claim in any Ontario Court that such litigation brought therein lacks personal jurisdiction or has been brought in an inconvenient forum. No Jury Trial: IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE OR WITH RESPECT TO YOUR USE OF THE WEBSITE OR THE SUBJECT MATTER THESE TERMS OF USE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY TO THE FULL EXTENT PERMITTED BY LAW. Survival: All obligations of the parties of a continuing nature shall survive the termination or expiration of these Terms of Use. Severability: If any provision of these Terms of Use shall be found to be unenforce­able by a court or other competent body, these Terms of Use shall be interpreted as though that provision, to the extent that it is found to be unenforceable, were not contained herein. Definitions: The word “person” shall include a cor­poration, limited liability company, partnership, company, firm, trust or other form of association or entity or governmental agency, department or court as well as a natural person. The term “including” means “including without limitation”. Interpretation: Unless otherwise indicated by the context in which it appears, the singular shall include the plural and vice versa; and each word of gender shall include each other word of gender as the context may require. The word “or” is inclusive and includes “and” except where the context in which “or” appears indicates a disjunctive meaning. The titles of the Sections used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.

[The Current Version of these Terms of Use is effective as from December 2014 until otherwise modified as provided herein.]



Your use of this website (“Site”) constitutes your agreement to the following terms (the “Terms of Use”).

Welcome to Deoleo Canada Limited, the exclusive distributor of Bertolli products in Canada. This Site is operated by Deoleo Canada Limited (“Deoleo”). Throughout the Site, the terms “we,” “us” and “our” refer to Deoleo. Deoleo offers this Site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Policies concerning the use of your personal information are set forth in the online Privacy Policy. Your use of this site constitutes your agreement to follow and be bound by these Terms of Use and the terms of the online Privacy Policy. We expressly reserve the right to modify these Terms of Use at any time in our sole discretion and without prior individual notice. Any modifications to these Terms of Use will be posted on this Site, and by using this Site you agree to be bound by and comply with these modifications. We encourage you to review these Terms of Use whenever you use this Site. If you do not agree to these terms, please do not use this Site.


All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Deoleo, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. This permission terminates automatically if you breach any of the terms and conditions contained in these Terms of Use, and is revocable at any time without notice and with or without cause. You may not use any data mining, robots or similar data gathering or extractions methods to copy or download materials from this Site. Any other use of content on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Deoleo, its licensors or its content providers is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Deoleo reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Termination of your access or use will not waive or affect any other right or relief to which Deoleo may be entitled at law or in equity. Deoleo, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Deoleo’s sole discretion. This Site has been designed to comply with Canadian law. Deoleo does not represent that the content of this Site is appropriate for locations outside Canada.


Deoleo is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.


You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you submit any feedback, suggestions, recipes or other communications (each referred to as a “Submission” and collectively referred to as “Submissions”) to the Site or to Deoleo, you hereby assign and waive all of your respective right, title and interest in all copyrights and moral rights and other intellectual property and proprietary rights in your Submission(s). You are granting Deoleo, its parent, affiliated companies, designees, and sub licensees permission to use your Submission in connection with the operation of their businesses including and without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Deoleo is under no obligation to post or use any Submission you may provide and Deoleo may remove any Submission at any time in its sole discretion.


You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Deoleo’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Deoleo’s express written consent.


This Site may contain links to other websites, some of which are operated by Deoleo or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement, affiliation or association with the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Deoleo is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. We recommend before using any third party website, that you review such website’s own terms of use agreement and privacy policy.


Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Deoleo or its affiliates, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Deoleo reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.


Without limiting the foregoing, everything on this Site is provided “as is” without warranties, representations and/or conditions of any kind, either express or implied, including, without limitation, warranties of title, implied warranties, representations or conditions of merchantable quality, merchantability, fitness for a particular purpose, or title and non–infringement of intellectual property. We do not warrant that this Site or the servers making the Site available are virus free or free of other harmful components, or that the Site and its functions will be uninterrupted or error free, or that defects will be corrected. By providing Content, information and materials on this Site, we do not in any way promise that they will remain available to you. Deoleo and its affiliates expressly disclaim any duty to update or revise the content of this Site, although we may modify the content at any time without notice. Your use of this Site is at your sole risk, and you assume full responsibility for any costs associated with your use of this Site. Deoleo and/or its affiliates shall not be liable for any harm, loss or damage of any kind related to your use or misuse of this Site, including, without limitation, in relation to correctness, accuracy, reliability, or otherwise.


You agree to indemnify, defend and hold harmless Deoleo and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use, including your infringement of any intellectual property or privacy rights of any person. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Deoleo reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Deoleo in the defense of such matter. The delay or failure of DeoLeo to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit DeoLeo’s rights with respect to such breach or any subsequent breaches.


In no event will DeoLeo be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive and inconsequential damages arising out of the use, inability to use, or the results of use of the Site, any websites linked to the Site, the content of the Site or the personal information accessible on the Site or sites linked to the Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will DeoLeo, its licensors or any other party involved in creating, producing, or delivering the Site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon the personal information accessible or content provided through the Site.


The laws of Ontario and Canada shall bind the terms of this agreement. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Ontario and Canada. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.


Deoleo reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Site and the revised terms will take effect thirty days after their publication on the Site.

You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, or for any service, content, feature or product offered through this Site.


This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Deoleo with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


If you have any questions about these Terms of Use, please contact DeoLeo by phone at 416-229-9696. You can also contact DeoLeo by mail at: 4576 Yonge St, North York, ON M2N 6N4.

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