Terms of Conditions

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Mesh Exchange Inc./FoodMesh

TERMS OF USE

Last revised: July 17, 2017

 

  1. INTRODUCTION AND ACCEPTANCE

Welcome to www.foodmesh.ca a website owned and operated by Mesh Exchange Inc. (“Mesh Exchange“, “Our”, “Us” or “We”). These website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of www.foodmesh.ca, all other sites owned and operated by Mesh Exchange that redirect to www. foodmesh.ca and all subdomains of www. foodmesh.ca(collectively, the “Website“).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

By using the Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies that are displayed, or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by Us from time to time in Our sole discretion. If you do not agree to the Terms of Use, then you must discontinue accessing and/or using the Website.

Mesh Exchange reserves the right to modify the Terms of Use at any time and from time to time and in its sole discretion, and each such modification shall be effective upon posting on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue accessing and/or using the Website immediately.

  1. USE OF WEBSITE

You may use the Website only if you are a resident of Canada, have reached the age of majority where you live and/or you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is legal, and you must comply with all applicable laws that pertain to your jurisdiction.

Mesh Exchange grants you a personal, non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to:

  • misappropriate the intellectual property rights of Mesh Exchange or its licensors;
  • attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website;
  • misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, vendor, supplier or employee of Mesh Exchange ; and/or
  • modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by Mesh Exchange .

As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.

In Our discretion, in addition to any other rights or remedies available to Us and without any liability whatsoever, We may at any time and without notice terminate or restrict your access to any portion of the Website.

  1. MODIFICATION OF THE WEBSITE

Mesh Exchange reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. Mesh Exchange shall not be liable to you or to any third party for any such modification, suspension or discontinuance of such Website. Mesh Exchange may establish general practices and limits concerning use of the Website.

 

  1. USER NAME AND PASSWORD

As a Registered User, your account may be accessed only by use of your login name and

password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Mesh Exchange . Mesh Exchange recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Mesh Exchange , and may be cancelled or suspended at any time by Mesh Exchange without any notice or liability to you or any other person. Mesh Exchange is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Mesh Exchange of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

  1. PRICING

Unless otherwise stated on the Website, all prices quoted are payable in Canadian Dollars and do not include shipping charges or any applicable duty charges or taxes. Shipping charges may be added to your order during the checkout process. Tax and duty charges, if any, are based on applicable tax rates based on the delivery address associated with your order. If you have questions about the sales taxes on your order, please contact Us by e-mail at contact@foodmesh.ca, or as indicated on the Website, and please be sure to include your order number in your e-mail. If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact Us at contact@foodmesh.ca, or as indicated on the Website. To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by Our customer service team before a tax refund can be processed.

The Website may offer limited-time sales values and special buys in addition to items at Mesh Exchange’s regular prices. Regular prices shown are the prices at which the products have been sold by Mesh Exchange as of the date of issuance indicated.

Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the Website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. With respect to items sold by Mesh Exchange, We cannot confirm the price of an item until you order; however, We do NOT charge your Payment Method (as defined below) until after your order has entered the shipping process. If the price of any product you order was incorrectly displayed on the Website, We will provide you with an opportunity to place an order at the correct price.

 

  1. PURCHASE TERMS OF USE

Your order is subject to acceptance or cancellation by Mesh Exchange, in Mesh Exchange’s sole discretion. Your order will be deemed to be accepted only at the point when Mesh Exchange sends an order placement confirmation e-mail to the e-mail address you provided. Each accepted order will be interpreted as a single agreement between you and Us, independent of any other orders. All orders are subject to availability and are cancellable by Mesh Exchange. Orders are non-cancellable by you.

Advertisements on Our website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when We send a shipping notice e-mail to your e-mail address. That shipping notice e-mail constitutes Our acceptance of your order and forms a legally binding contract with Mesh Exchange. The total price of your order will be charged to your Payment Method when Our shipping notice e-mail has been sent to your e-mail address.

Mesh Exchange reserves the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Mesh Exchange believes that customer conduct violates applicable law or is harmful to the interests of Mesh Exchange or any other party. While Our goal is to provide you with all items placed in an order, We may not always be able to fulfill an order for reasons that may include, but not be limited to, products being unavailable due to their perishable nature, market conditions, products not meeting our standards or other reasons beyond Our control. Accordingly, We reserve the right to substitute items ordered by you with products that are very similar to what you ordered. You will be notified of a substitution either during the ordering process or at the time of delivery.

You will be entitled to a refund for substituted goods if you are not satisfied with any substitution. Please contact Us by e-mail at contact@foodmesh.ca, or as indicated on the Website.

Mesh Exchange will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Mesh Exchange will not be responsible for any delays in delivery which are beyond Our control. Where delivery is delayed, Mesh Exchange will notify you as soon as possible.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to the applicable delivery schedule, which will cause Us to suspend and/or modify chosen delivery dates and times. If there is a significant delay, a customer service representative may contact you to let you know the status of your delivery time. Your order will be delivered as quickly as possible when the conditions permit.

In order to protect you and Mesh Exchange from fraudulent transactions, Mesh Exchange may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your Payment Method address. Mesh Exchange also reserves the right, at its discretion, not to ship items ordered or purchased on the Website to certain addresses. In the event that Mesh Exchange chooses not to ship an item, you will be notified by e-mail and any amount charged to your Payment Method will be refunded.

 

  1. PAYMENT

Purchases may be paid for by providing a valid credit card or such other payment methods that We may accept from time to time (“Payment Method”). Confirmation of an order will be sent to the e-mail address associated with your order and/or account. Payments are processed by Our third party billing and payment processing provider (the “Payment Provider”). By submitting an order to Us, You authorize Mesh Exchange to charge the designated Payment Method for the total amount of the purchase. When You provide Us with Your information about Your Payment Method, that information, potentially along with other Personal Information about You, will be shared with the Payment Provider for the purposes of processing Your payments. You hereby consent to Our disclosure of Your information (including, but not limited to, personal information) to the Payment Provider for the foregoing purposes. You further acknowledge and agree that the Payment Provider may also collect information about You from You and the collection and use of such information will be subject to the terms of any terms of policies put in place by such Payment Provider, which may be made available to You during the payment information registration process. You acknowledge and agree that Mesh Exchange shall have no liability to You in connection with the use and disclosure of Your Personal Information when collected by the Payment Provider. Your Payment Method on file must be kept current and valid.

  1. MESH EXCHANGE INTELLECTUAL PROPERTY

All materials available through the Website, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Mesh Exchange . Mesh Exchange reserves all rights not granted in and to the content and materials available on the Website. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Website without Our prior written permission.

  1. ACCURACY OF INFORMATION

We rely on the information you provide through the Website, including registration information (name and e-mail address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, We or any other party may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Mesh Exchange and its respective officers, directors, employees, and contractors from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your use of the Website; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity.

  1. DISCLAIMER

Except as explicitly provided in these Terms of Use as amended from time to time, Mesh Exchange makes no representations or warranties of any kind, express or implied, regarding the Website and/or any content, products or services provided on the Website, all of which are provided on an “as is” and “as available” basis. Mesh Exchange does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, its content or data, and any products or services offered for sale on the Website, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

While products provided on the Website or sold by Mesh Exchange are purchased from reputable suppliers, due to the perishable nature of the products provided on the Website or sold by Mesh Exchange , Mesh Exchange cannot and does not represent, warrant or guarantee the quality, integrity, size and/or freshness of such products. As well, Mesh Exchange cannot and does not represent, warrant or guarantee that products sold by Mesh Exchange will conform to the standards of any designation or labeling, such as “organic”, “fair trade”, “GMO free” or the like. Any warranty or quality claims are that of Our suppliers.

Mesh Exchange assumes no responsibility, and will not be liable for, any damages resulting from any loss, illness, personal injury or death resulting from products purchased or sold through the Website and Mesh Exchange .

Mesh Exchange is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Mesh Exchange assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.

 

  1. LIMITATION OF LIABILITY

If Mesh Exchange should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, or any of the products or services offered on the Website, the liability of Mesh Exchange will in no event exceed in the aggregate the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates.

In no event will Mesh Exchange be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any products or services provided on the Website or otherwise sold by Mesh Exchange , any use of the Website or its content, the operation of the Website or any failure or delay in the operation of the Website (including, but not limited to, the inability to use any component of the Website for purchases), or any of the products or services offered on the Website, even if advised of the possibility of damages.

 

  1. THIRD PARTY WEBSITES AND LINKS

The Website may contain links to, or the content of, third party websites (collectively, “Third Party Websites”). These links are provided solely as a convenience to you. Mesh Exchange makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites. Mesh Exchange has no control over the content, terms and conditions of use or service or privacy practices of Third Party Websites; as such, you agree that you assume all risk when accessing any Third Party Websites, and release Mesh Exchange from any and all liability resulting from the access and/or use of Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. It is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs.

  1. Legal Compliance

You agree to comply with all applicable laws, rules and regulations regarding your use of the Website. Mesh Exchange reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action We deem appropriate, including, but not limited to, termination any account that you may have as a Registered User, reporting any suspected unlawful and illegal activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge and agree that Mesh Exchange may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

 

  1. SUBMISSION OF IDEAS OR SUGGESTIONS

At Mesh Exchange, We are always looking to improve the Website, Our products and Our services. If you have ideas or suggestions, Mesh Exchange would like to hear them; however, any submission will be subject to these Terms of Use. Mesh Exchange does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, “Submissions“) to Mesh Exchange, you thereby and hereby:

  • represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party;
  • represent and warrant that none of the Submissions breach any agreement to which you are a party; and
  • grant Mesh Exchange an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize your Submissions in any way and for any purpose.

You also waive, in favour of Mesh Exchange and its successors and assigns, any and all of your moral rights in and to all Submissions. Furthermore, you agree that Mesh Exchange is not responsible for the confidentiality of any Submissions. These rights survive this agreement.

  1. GENERAL TERMS

The Terms of Use shall be treated as though it were executed and performed in British Columbia, Canada and shall be governed by and construed in accordance with the laws of British Columbia, Canada. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Should any part of the Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in the Website conflicts or is inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Mesh Exchange under the Terms of Use shall survive the termination of the Terms of Use. These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Mesh Exchange without restriction. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

  1. HOW TO CONTACT US

Any questions about these Terms of Use should be directed to: engage@foodmesh.ca

Legal Disclaimer

Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. Please see our full disclaimer below.

Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Website. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Mesh Food Exchange and FoodMesh assumes no liability for inaccuracies or misstatements about products.