Terms of Use


Last updated November 8th, 2014.

This website (Site or website) is owned by AEA Foods Ltd. (“we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Website (the “Agreement”). AEA Foods Ltd. provides you access to this Website subject to the terms and conditions of this Agreement. By accessing or using the Website or by posting a link on any website(s) owned or operated by or on behalf of you (“You” or “Your”), You signify that You have read, understand and agree to be bound by these terms of use (these “Terms of Use” or this “Agreement”). AEA Foods Ltd. Canada reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, AEA Foods Ltd. will post the new Agreement on this Website and note the date that it was last updated. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms of Use. Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. AEA Foods Ltd. controls the Website from its offices within the Province of British Columbia (BC), Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of BC, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of BC and acknowledge that. You do so voluntarily and are responsible for complying with all local laws. By using this Website, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Website under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Website by the minor and you are fully responsible for the minor’s use of this Website, including all financial charges and legal liability that he or she may incur. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS WEBSITE.

SALE OF PRODUCTS & SERVICES

The sale of products and services on this Website may be subject to additional terms that will be made available to you when you place your order. Note that the price of some of the products available on the online will vary depending on your shipping location.

CANADIAN USAGE

This Website may only be used by residents of Canada. If you use this Website outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website (“Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to AEA Foods Ltd., and are protected by Canadian and international copyright laws. All content on this Website is the exclusive property of AEA Foods Ltd., and is also protected by Canadian and international copyright laws.AEA Foods Ltd., reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of AEA Foods Ltd., or any third party’s intellectual property rights.The AEA Foods Ltd., names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of AEA Foods Ltd.,. and are used in Canada under exclusive license by AEA Foods Ltd.

LINKS

References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply AEA Foods Ltd.’s endorsement, sponsorship or recommendation of the third party, information, product or service. AEA Foods Ltd., is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

USE OF THIS WEBSITE

This Website and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Website for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website or in the Contents. You may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Website or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.

WEBSITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to AEA Foods Ltd., on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (“Comments”) you grant AEA Foods Ltd., a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however AEA Foods Ltd., desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. AEA Foods Ltd., is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the Website will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Website will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.You grant AEA Foods Ltd., the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify AEA Foods Ltd., and its affiliates for all claims resulting from or relating to any Comments you submit. AEA Foods Ltd., and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

OBJECTIONABLE CONTENT

You agree to use this Website and any service at your sole risk and that AEA Foods Ltd., and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

INFORMATIONAL PURPOSES ONLY

Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Website are provided by our vendors, partners, and other third parties, and are not independently verified by AEA Foods Ltd. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this Website attempts to be accurate in its product and/or service descriptions, AEA Foods Ltd., does not represent or warrant that product and/or service descriptions or other Content on this Website are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with our Return Policy, or cancel the service in accordance with the applicable service agreement.

AEA Foods Ltd. and/or our vendors, partners and other third parties may also make recipes, tips, instructions and other information and resources available via this Website. Because various aspects of products and services can change at any time, you should always be sure to read and follow the label/instructions that accompany any products or services you use or purchase from AEA Foods Ltd. AEA Foods Ltd. will not be responsible for any injury or damage caused by following the recipes, tips, instructions and other information and resources posted through this Website. Items listed on this website may not be available or in-stock at all times for purchase on the website or at all stores. AEA Foods Ltd. reserves the right to correct, at any time, any pricing errors.

INDEMNIFICATION

You agree to defend, indemnify and hold AEA Foods Ltd. 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.

DISCLAIMER

THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. AEA FOODS LTD.  MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE WEBSITE CONTENT. AEA FOODS LTD.  DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT AEA FOODS LTD.  MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE WEBSITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE AEA FOODS LTD. INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH AEA FOODS LTD.  HAS NO CONTROL. AEA FOODS LTD PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST AEA FOODS LTD. WITH RESPECT TO SUCH THIRD PARTY SITES. EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF AEA FOODS LTD. OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEBSITE.

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