Terms of Service
PAN CAPE BRETON FOOD HUB CO-OPERATIVE LTD.
Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement
Please note that by signing this Agreement, you give up the right to sue for any injury or damages, however caused. These terms and conditions are applicable to persons who access our Site, purchase Products or subscribe for our Services on the internet or via any web application, mobile application or other platform or device. Please read these terms and conditions carefully before ordering any Products from us or subscribing to our Service. You should understand that by ordering any of our Products or subscribing to our Service, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or Services from us.
TO: PAN CAPE BRETON FOOD HUB CO-OPERATIVE LTD., and its directors, officers, owners, employees, representatives, agents, subsidiaries, and assigns (collectively called “CB FOOD HUB”).
In these terms and conditions, the words “we”, “us”, “our” and similar expressions refer to the CB Food Hub, a co-operative association registered in Nova Scotia , whose head office is located at 516 Chebucto Street, Baddeck, Province of Nova Scotia, B0E 2B0.
Our Site is only intended for use by people residing in selected parts of Cape Breton, Province of Nova Scotia (the “Service Area”).
By placing an order through our Site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 19 years old;
- You are resident in the Service Area;
- You are accessing our Site from the Service Area.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy products by subscribing to our Service, subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by providing you with the products ordered upon arrival at the pick-up depots. We may choose not to accept any orders in our sole discretion. This Agreement will relate only to those Products whose dispatch we have confirmed in the Confirmation. From time to time we may be unable to satisfy supply of some or all products in your order. We will provide a refund for products not received.
The subscription to our service consists of an annual membership fee followed by payment for each and every order placed. All membership fees are non-refundable.
RISK AND TITLE
By entering into this Agreement, you acknowledge and agree that the CB Food Hub is strictly a distributor for the vendors listed on our Site. By entering into this Agreement and purchasing a membership, you acknowledge and accept that the CB Food Hub bears no liability or responsibility for to products purchased by you. You waive any right to sue the CB Food Hub by purchasing this membership and entering into this Agreement.
By entering into this Agreement, you agree to inform yourself of any and all product ingredient information; and agree not to hold the CB Food Hub responsible for any issues associated with the product ingredients.
You acknowledge that all fruits and vegetables are to be considered unwashed and must be handled appropriately.
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.
PRICE AND PAYMENT
The price of the products and our membership fees will be as quoted on our Site, from time to time, except in cases of obvious error. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Product prices include applicable taxes. Product prices and annual membership fees, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
Payment for all Products and Services must be by credit card. We accept payment with Visa, Mastercard, and cash or etransfer. We reserve the right to change the payment methods we accept at any time.
You represent and warrant that (1) the payment information you supply to us is true, correct and complete, (2) you are duly authorized to use such credit card for your purchase, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
LIMITED WARRANTY AND DISCLAIMER
In the event of any product returns, we will refund only the amount paid for such item, for good cause. This remedy is your sole and exclusive remedy and our entire obligation and liability for any breach of this limited warranty, and we disclaim all other warranties, express or implied. Our liability will under no circumstances exceed the actual amount paid by you for the defective product that you purchased from one of our vendors, nor will we under any circumstances be liable for any consequential, incidental, special, or punitive damages or losses, whether direct or indirect.
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
You agree to defend, indemnify and hold harmless us, our affiliates and licencors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these terms and conditions or your violation of any law or the rights of any third party with respect to the Site, the products or your membership. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you here-under, and you shall cooperate as fully as reasonably required by us.
The CB Food Hub bears no liability for orders not satisfied and products not received, aside from a refund for products purchased but not received.
Orders are to be picked up between 4:00 PM – 6:00 PM on Thursday, unless otherwise specified. If for some reason you are unable to pick up your orders at the designated time, please call us as soon as possible to make alternative arrangements. Orders that are not picked up will be donated to a local food bank, soup kitchen or volunteers.
TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than you.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
If you post comments or reviews on the Products or Services to any website, blog or social media network you must ensure that such commentary represents a fairly-held opinions. By purchasing a Membership you irrevocably authorize us to quote from or repost your Commentary on our Site, web applications and mobile applications and in any advertising or social media outlets that we may create or contribute to.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; and The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
If we fail, at any time during the term of this Agreement, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Agreement.
We each acknowledge that, in entering into this Agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time for any reason including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Agreements for the purchase of Products from us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ontario law and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Nova Scotia. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the courts of Nova Scotia; and (ii) that the Products and the Services shall be deemed passive that do not give rise to personal jurisdiction over CB Food Hub, either specific or general, in jurisdictions other than Nova Scotia.
I AM NINETEEN (19) YEARS OF AGE OR OLDER, AND I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE THE COMPANY AND/OR THE AGENTS AND THAT IT CONSTITUTES A RELEASE OF LIABILITY AND AN INDEMNITY FOR ALL CLAIMS.