Terms of Service

Introduction

Welcome to foodiepages.ca (the “Site”) and our online marketplace (the “Marketplace”) where we provide selling services (the “Services”).  The Site and Marketplace is owned and operated by Foodie Pages Inc., a Canadian corporation (“Foodie Pages”, “we”, “us” or “our”).

Terms and Changes to Terms

Foodie Pages provides the Services to you subject to the following terms and conditions (the “User Agreement”).  Accessing, browsing, shopping or purchasing at FoodiePages.ca indicates that you accept these terms and conditions.  Please read these terms and conditions carefully before proceeding.

Foodie Pages reserves the right to change any of the terms and conditions in the User Agreement, including all Policies and Guidelines referenced therein, at any time and in its sole discretion.  Changes to the User Agreement, including all Policies and Guidelines referenced therein, will be posted on the Site and may be done without individual notice to you. 

Your continued use of the Site and Services following Foodie Pages posting of any changes to the User Agreement, including all Policies and Guidelines referenced therein, will constitute your acceptance of such changes.  If you do not agree to any changes, then you should not continue to use the Site and Services.

Foodie Pages’ Role and Services 

Foodie Pages acts as a venue to allow buyers who comply with Foodie Pages policies to buy certain food and related products (the “products”) within a fixed price format. 

Privacy

Please see our Privacy Policy to understand our practices. 

Using Foodie Pages 

The Site is available only to and may only be used by Users who are 18 years and older who can form legally binding contracts under applicable law.  Users under the age of 18 can use the Site only in conjunction with and under the supervision of a parent or legal guardian (the “adult”).  In this case, the adult is the User and is responsible for any and all activities.  You represent and warrant that you are at least 18 years old or visiting the Site with permission by and under the supervision of an adult. 

Foodie Pages may assign you a customer profile and password (“account”) to enable you to use and access certain portions of this Site.  You agree that you will provide us with accurate account information (such as your lawful name, valid e-mail address, home and delivery addresses) and that you will update your account information once it becomes outdated.  We may terminate your account if we are unable to verify or authenticate the information you provide to us.  You are solely responsible for maintaining the confidentiality of your account and for restricting access to it.  You further agree to: 

• keep your account password confidential and secured;
• change your account password as soon as possible if you are suspicious that your password may have been stolen or lost; 
• accept full responsibility for all activities that occur within your account or within the Foodie Pages Community; and
• notify Foodie Pages immediately if you believe your account has been used without your authorization.

You will be solely responsible for activities by anyone using the customer profile or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.  Foodie Pages reserves the right to refuse service, terminate profiles and passwords, remove or edit content, or cancel orders in its sole and absolute discretion.

In addition, you agree that you will not:

1.   interfere with another User’s use and enjoyment of the Site; 
2.   interfere with or disrupt Foodie Pages’ security measures; 
3.   interfere with or disrupt networks connected to Foodie Pages, and will comply with all regulations, policies and procedures of such networks; and
4.   use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the Site or within or adjacent to any other Site material (referred to as “Material” or “Materials” and defined as any and all product postings, product reviews, product ratings, messages, opinions, texts, files, links, images, photos or photographs, video, sounds, works of authorship, feedback, information, data, software, graphs, typefaces, graphics, music, or any other materials) without our prior written consent.  You also agree that you will not frame any portion of the Site without our prior written consent.

All Users are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.  The Site offers dedicated areas that allow for interactive activities that enable Users to communicate with each other directly, or which enable Users to post information and Material that will be visible to other Users (“Community”).  You are using the Community if you view or participate in a Foodie Pages Forum or Blog, post a review, create a list, create a profile, submit any of your own content or participate in any interactive feature.

The Community may be used only for lawful purposes in accordance with this User Agreement.  If you are using the Community, and if you decide to post, publish or communicate any Material in the Community sections, then you acknowledge that you are bound by this User Agreement.  We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Community at any time, for any or no reason, with or without prior notice or explanation, and without liability.  We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Community for any reason.

If you become aware of misuse of the Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Material of any kind, Material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or violates any applicable law, then you are encouraged to notify us immediately of the location and details of this Material either by e-mail or phone or any other communication method available to you.

We assume no responsibility for ongoing monitoring of the Site or for removal or editing of any Material, even after receiving notice.  Foodie Pages assumes no liability for any action or inaction with respect to conduct, communication, or content within the Community. 

You may not upload, embed, post, e-mail, transmit or otherwise make available any Material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Any copyrighted or other proprietary User created content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.”  Foodie Pages is entitled to presume that all Material conforms to the foregoing requirements. 

The unauthorized submission of copyrighted or other proprietary content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution.  Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Material.  Foodie Pages assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any Material. 

Electronic Communications

When you visit the Site, or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access

Subject to the terms and conditions of this User Agreement, Foodie Pages grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content and/or shopping for items sold on the Site.  Users may not use the Site for any commercial use or use on behalf of any third party, unless explicitly permitted to do so by Foodie Pages. 

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Foodie Pages. 

You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that: (1) violates or infringes the copyrights, patents, trademarks, service marks or other proprietary rights of any person or organization; (2) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (3) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. 

Any breach of this User Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. 

Links and Third Party Content

Foodie Pages may provide links to the Web sites (“sites”) of affiliated companies, individuals and other businesses.  Submissions by Users on the Foodie Pages Site may also contain links to the third party sites.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these individuals and other businesses or the content of their sites.  Foodie Pages does not assume any responsibility or liability for the actions, products, and content of any such parties or any other third parties.

Inclusion of any linked site on the Foodie Pages Site does not imply approval or endorsement of such linked site by Foodie Pages.  When you access these third party sites, you do so at your own risk.  Foodie Pages takes no responsibility for third party advertisements or third party applications that are posted on or through the Foodie Pages Site or for the goods or services provided on the third party sites.

Content from other Users, advertisers, and other third parties may be made available to you through the Site.  Because we do not control such Material, you agree that:

• we are not responsible for any Material from other third parties; 
• we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Material; and
• we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Material made available by other Users, advertisers, and other third parties.

Your interactions with other Users on the Site or with any advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser.

You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personal information.  If there is a dispute between you and any third party (including, without limitation, any other User of the Services), we are under no obligation to become involved; we do reserve the right without any obligation to monitor disputes between you and any other Users. 

Foodie Pages is not obligated to review any Material.  Under no circumstance shall Foodie Pages be liable to you, or any third party, for any loss, damage or harm caused by any representation, warranty or guarantee of any third party.  It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, representation, warranty, guarantee or Material made available through the Foodie Pages Site.

Intellectual Property

Users shall not use our graphics, logos, content, appearance, design, functionality and all other aspects of the Site in any manner that could cause confusion or discredits Foodie Pages. 

All content on Foodie Pages, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Foodie Pages or its content suppliers and protected by Canadian copyright laws.  The compilation of all content on this site is the exclusive property of Foodie Pages and is protected by Canadian copyright laws. 

The Site also contains material provided by us and our licensors (“Foodie Pages Material”).  We and our licensors (which includes Producers and other Users of the Services) own and retain all proprietary rights to the Foodie Pages Material.  All Material and Foodie Pages Material is the exclusive property of Foodie Pages or its third party licensors.  You may not alter or remove any trademark, copyright, patent or other notice from copies of Material or Foodie Pages Material.

Reviews and Comments

Anything that you submit or post to the Site and/or provide Foodie Pages (the “Submissions”), is and will be treated as nonconfidential and nonproprietary, and you grant Foodie Pages a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.  No compensation will be paid with respect to the Submissions that you submit, upload, post, transmit or otherwise make available through the Site.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Foodie Pages, our affiliates or third parties as to the origin of any Submissions.  Foodie Pages has the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.  You understand and agree that Foodie Pages is under no obligation to display, reproduce, or distribute the Submissions that you post.

The following items are expressly prohibited from appearing on the Site (“Prohibited Submissions”).  No User or Producer will post any Prohibited Submissions that:

• are offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• bullies, harasses or advocates stalking, bullying, or harassment of another person;
• uses any information obtained from the Foodie Pages Site in an attempt to harass, abuse, or harm another person or entity;
• modifies, downloads (other than page caching), reproduces, copies, or resells the Foodie Pages Site, the Submissions or any portion thereof;
• compiles, repackages, disseminates or otherwise uses data extracted from the Foodie Pages Site;
• frames or utilizes framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foodie Pages;
• provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone´s privacy, or providing or creating computer viruses and other harmful code;
• is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods; illegal drugs and paraphernalia; and stolen products;
• professional services regulated by provincial licensing regimes;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, or “spamming”, instant messaging; contains restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page);
• includes a photograph or video of another person that you have posted without that person’s prior consent;
• infringes another person’s Submissions without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; 
• promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Submissions, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
• circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Foodie Pages Site, or attempts to bypass or encourages any other person to bypass, or bypasses any Foodie Pages measures used to prevent or restrict access to any portion of the Foodie Pages Site; 
• interferes with, disrupts, or creates an undue burden on the Foodie Pages Site or the networks or services connected to the Community;
• contains or involves the use of viruses, Trojan horses, worms, time bombs, corrupted files, bots, worms, data miner, scraper or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• solicits passwords or personally identifying information for commercial or unlawful purposes from other Users of the Services;
• uses the account, username, or password of another Community User at any time or discloses your password to any third party or permits any third party to access your account;
• involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• involves any automated use of the Foodie Pages Site, such as, but not limited to, using scripts to add friends or send comments or messages;
• enables high volume, automated, electronic processes that apply to the Foodie Pages Site or its systems; 
• impersonates or attempts to impersonate another Community User, person or entity;
• sells or otherwise transfers your profile; and
• violates this User Agreement or creates liability for Foodie Pages in any manner.

Shipping Policy

Foodie Pages uses the shipping services of Canada Post and, from time to time, various courier and other delivery services.  Shipment of the products you have ordered will be delivered to the delivery address you indicated in your order and according to the speed of delivery you selected when making the order.  You are solely responsible for any error in the delivery address you provide (including the incorrect postal code for the street and city address provided) and the shipping costs resulting from such error.  You may only enter one delivery address per order.  Your credit card will be charged for the total value of the order including shipping, taxes and any special packaging costs.  These costs will appear when you check-out.  

It is your responsibility to be at the delivery address to receive the shipment.  If there is no-one at the delivery address to receive the shipment, the shipper will leave a Delivery Notice Card.  If the shipment is not picked up at the location holding the package for pick-up within the prescribed period of time, the shipper may return the package to Foodie Pages and User will be responsible for the return shipping cost.  If the package is returned, depending on the perishability of the product, you may not be entitled to a refund. 

Damaged Shipments

All orders shipped to the User are made pursuant to a separate shipping contract between the shipper and Foodie Pages.  Risk of loss and title to the products pass from Foodie Pages to the User when Foodie Pages releases the products to the shipper.

Should a User receive a shipment that appears damaged due to shipping, the User must notify Foodie Pages within a maximum of two days of receipt of the shipment, providing photographs, so we may submit a damage claim.  We may require User to return the damaged product.  Your compensation for damaged product is limited to the refund Foodie Pages receives from the damage claim submitted to the shipper.  Please note that the maximum value of a refund is one hundred dollars ($100) and certain contents do not qualify due to their fragile or perishable nature.  Only Foodie Pages is authorised by the shipper to initiate a damage claim.  Users must retain the damaged product and packaging in case they are required for the damage claim assessment.  If a refund is received, Foodie Pages will either replace the damaged product at no additional cost to you, or pass on to you the refund received from the shipper.

Order Cancellation and Alteration Policy

Once the order is placed by the User, the User cannot cancel or alter it.

Foodie Pages may cancel an order if it is unable to ship the entire order within the time frame specified in its Shipping Policy in the policy section of their storefront. 

Refund and Return Policy

If there is any problem with your order, you must contact Foodie Pages within two (2) days of product receipt and tell us what the issue is; and (ii) Provide photographs of any damage or other issue(s).  If the issue is in any reasonable way the result of actions taken by Foodie Pages, we will coordinate with the User to find an amicable solution, that may include replacement of the order or refund.

If you do not contact us within the above time period, you are deemed to have fully accepted the products, waived any return or refund right and credit card chargeback right, and released Foodie Pages responsibility.

To reach us, you can e-mail Foodie Pages at orders@foodiepages.ca quoting your order number and tell us what the problem is.  

Disclaimer and Limitation of Liability 

The Site, the Services and the products purchased by you are provided on an “as is” basis.  Foodie Pages makes no representations or warranties of any kind, express, implied or statutory.  Foodie Pages and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.  In addition, no advice or information (oral or written) obtained by you from Foodie Pages shall create any warranty. 

Foodie Pages make no representation or warranty of any kind, express or implied as to the accuracy, reliability, or currency of any Materials or products provided on or through the Site.

In addition, to the maximum extent allowable by applicable law, Foodie Pages and its subsidiaries, affiliates, officers, directors, employees, shareholders and agents specifically disclaim all liability resulting from personal injury and/or death resulting from, or arising out of, your use or consumption of products obtained through the Site or in connection with the Services provided.  

Such disclaimer shall include, without limitation, mislabeling of products and/or ingredients.  In any such situation, your sole recourse shall be against the Producer who made the product.  Producers of the products sold by Foodie Pages are exclusively responsible for accurate and appropriate labelling of their products.

Foodie Pages will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the User Agreement, the Site, the Services, the inability to use the Services, or those resulting from any products or Services purchased or obtained or consumed or messages received or transactions entered into in connection with the Services, including but not limited to reliance by you on any information obtained from the Site, any mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Foodie Pages’ records, programs, or services, any indirect, incidental, special or consequential damages arising from the use of the Foodie Pages Site or the purchase and consumption of any product from the Site, even if Foodie Pages or any Foodie Pages supplier or Producer has been advised of the possibility of such damages. 

You agree to indemnify and hold Foodie Pages and its subsidiaries, affiliates, officers, directors, employees, shareholders and agents, harmless from any loss, liability, damages, expenses, claim or demand, including reasonable lawyer’s fees, made by any party due to, resulting from, or arising out of your breach of this User Agreement (and the documents it incorporates by reference), your own use of the Services or the Site, your purchase of products using the Site and their consumption, or your violation of any law, or the rights of a third party.

User Warranties

You warrant to Foodie Pages that you will not purchase any products through the Site that may be harmful based on your or the intended consumers allergies (including, without limitation, allergies to peanuts or other foods) and/or other medical conditions. 

You warrant to Foodie Pages that you will properly investigate whether the ingredients of a particular product are suitable for you or the intended consumer directly with the Producer of said products. 

No Guarantee of Website Access

Foodie Pages does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Foodie Page’s control.

Foodie Pages, its suppliers and Producers make no representation or warranty of any kind, express or implied that the Foodie Pages Site or e-mails from the Site will be uninterrupted or error-free, or that they will be free of viruses, scripts, Trojan horses, worms or other harmful components or that there will be continuous uninterrupted and secure access to the Foodie Pages Site.  Under no circumstances shall Foodie Pages or any Foodie Pages supplier be liable for any damages that result from your inability to use the Site.

Termination

Foodie Pages has the right to immediately terminate this User Agreement and may, without prior notice to you, immediately revoke any or all of your rights granted under this User Agreement, all without liability to Foodie Pages.  Upon any termination of this User Agreement, you shall immediately cease all access to and use of the Site and Foodie Pages shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and customer profile identification issued to you and deny your access to and use of the Site in whole or in part.  Any termination of this User Agreement shall not affect the respective rights and obligations (including without limitation, delivery and payment obligations) of the parties arising before the date of termination. 

Applicable Law

The laws of the Province of Ontario govern this User Agreement, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods.  Any dispute with Foodie Pages or its affiliates relating in any way to these terms and conditions or your use of the Site and Services shall be adjudicated in any provincial or federal court in Toronto, Ontario.

Copyright Complaints

If you feel that any content on the Site may infringe on any copyright laws, please provide Foodie Pages with the written information specified below: 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed upon; 
• a description of where the material that you claim is infringing is located on the Site, including the item name, if applicable; 
• your address, telephone number, and e-mail address; 
• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner`s behalf.

Please send notices to orders@foodiepages.ca.

Severability

If any provision of this User Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of this User Agreement shall remain in full force and effect.  The failure of Foodie Pages to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.

No Agency

You and Foodie Pages are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. 

Entire Agreement

This User Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

Contact Information

You can contact Foodie Pages at orders@foodiepages.ca   

Our mailing address is: 

Foodie Pages Inc.

53 Coady Ave

Toronto ON

M4Y 2P9