Accepting These Terms

This document outlines our house rules or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and 12023601 Canada Ltd. (also known as our operating name FreshFind). A reference to “we”, “us”, “our” or “FreshFind” is a reference to 12023601 Canada Ltd.

This contract sets out your rights and responsibilities when you use freshfind.ca, freshfind.es, and other Services provided by FreshFind (we’ll refer to these collectively as our ‘Services”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of the Service (even just browsing one of our websites), you are agreeing to the Terms. If you don’t agree with the terms, you may not use our Services.




Your Account

You’ll need to create an account with FreshFind to use some of our Services. Here are a few rules about accounts with FreshFind:

• Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
• Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
• You're responsible for your account. You're solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
• Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
• All login names and passwords remain the property of FreshFind and may be cancelled or suspended at any time by FreshFind without any notice or liability to you or any other person. FreshFind is not under any obligation to verify the actual identity or authority of the user of any login name or password.
• These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and FreshFind.



Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Rights You Grant FreshFind. By posting Your Content, you grant FreshFind a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote FreshFind, your FreshFind shop, or the Services in general, in any formats and through any channels, including across any FreshFind Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.



Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

• Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, provincial/state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against FreshFind, another FreshFind user, or a third party.
• Pay Your Bills. You are responsible for paying all fees that you owe to FreshFind. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
• Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
• Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
• Follow Our Trademark Policy. The name "FreshFind" and the other FreshFind marks, phrases, logos, and designs that we use in connection with our Services.



Termination

Termination By You. We'd hate to see you go, but you may terminate your account with FreshFind at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You’ll still have to pay any outstanding bills.

Termination By FreshFind. We may terminate or suspend your account (and any accounts FreshFind determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, FreshFind will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or FreshFind terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. FreshFind reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in FreshFind’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.




Warranties and Limitation of Liability (Things You Can’t Sue Us For)

Items You Purchase. You understand that FreshFind does not produce, store, or inspect any of the items sold through our Services. We provide the online venue; the items in our marketplaces are produced, listed, and sold directly by independent Vendors & Operators, so FreshFind can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the Vendor of the item. You release FreshFind from any claims related to items sold through our Services, including for defective items, misrepresentations by Vendors or Operators, or items that caused physical injury (like product liability claims).

Orders. Your order is subject to acceptance or cancellation by your Market or Vendor. Your order will be deemed to be submitted only at the point when FreshFind 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, your Market or Vendor and us, independent of any other orders. All orders are subject to availability and are cancellable by your Market or Vendor. 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 email constitutes Our acceptance of your order and forms a legally binding contract with FreshFind. 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. Operators and Vendors reserve the right to limit quantities, cancel, correct, cancel or refuse orders. FreshFind reserves the right to terminate accounts, in its discretion, including, without limitation, if FreshFind believes that customer conduct violates applicable law or is harmful to the interests of FreshFind or any other party.

Distribution and delivery of products. This lies as a sole responsibility of the Vendor or Market. FreshFind will not be responsible for any delays in delivery. In order to protect you and FreshFind from fraudulent transactions, FreshFind 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.

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. FreshFind is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram and Twitter). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. FreshFind is not a party to those agreements; they are solely between you and the third party.




WARRANTIES. FRESHFIND IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

While products provided on the Website or sold by FreshFind are from reputable suppliers, due to the perishable nature of the products provided on the Website or sold by FreshFind, FreshFind cannot and does not represent, warrant or guarantee the quality, integrity, size and/or freshness of such products. FreshFind cannot and does not represent, warrant or guarantee that products sold on FreshFind 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 Vendors & Operators.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FRESHFIND, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FRESHFIND’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) CANADIAN DOLLARS (CAD) OR THE AMOUNT YOU PAID FRESHFIND IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.




Indemnification (What Happens If You Get Us Sued)

We hope this never happens, but if FreshFind gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend FreshFind (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.




Disputes with Other Users

If you find yourself in a dispute with another user of FreshFind’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may contact FreshFind. FreshFind will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. FreshFind has no obligation to resolve any disputes.

Release of FreshFind. You release FreshFind from any claims, demands, and damages arising out of disputes with other users or parties.




Anonymized User Data

In using the Services you hereby grant Us full rights to anonymize your data and information so that it does not identify you as a user, identify specific transactions carried out by you, or contain any other confidential user information (“Anonymous Data”). You agree that We: (i) have full ownership over Anonymous Data; (ii) have full license to create derivative works and extract information from Anonymous Data; (iii) have full license to combine Anonymous Data (hereafter “Aggregate Data”); (iv) have the right to use the Aggregate Data on an Aggregate Basis only in the furtherance of Our business; and (v) may disclose, sell and publish Aggregate Data on an Aggregate Basis to any party through any means. “Aggregate Basis” refers to the combination of parts of information collected or processed from the user, not containing the user’s name, with other information from any or all other users of the Services. We assert that user information used on an Aggregate Basis will not be used in a manner that discloses any individually identifiable information about the user or any specific transactions in which the user has engaged. We are prohibited from disclosing user information other than on an Aggregate Basis except in accordance with the Privacy Policy or with your express consent.




FreshFind Intellectual Property

The names, images and logos identifying FreshFind, all associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any license or right under any intellectual property right of any of the above parties unless expressly stated otherwise. All content accessible within Website (e.g., the “look and feel” of the Website, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as any trademarks and service marks) is proprietary to us or other parties who consent to our use of it.

The intellectual property on the Site is protected by Canadian and international trade mark and other laws. Any use of any intellectual property without the express of the owner is strictly prohibited Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit, alter, publish, create derivative works from, or modify in any way, any of the Website’s material or content or any advertising or sponsorship or permit or assist any third party to do the same.




Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.




Other Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and FreshFind regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.




Contact Information

For any further concerns or questions about the terms, please don’t hesitate to contact us at [email protected].

Last updated on August 11, 2020.