TERMS & CONDITIONS
Welcome to Specialty Food Shop!
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS SITE.
TERMS OF SERVICE
OVERVIEW
This website is operated by Specialty Food Shop (“We”, “Us”, “Our”). Specialty Food Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting Our site (the “Site”) and/or purchasing Our products, you engage in Our service (the “Service”) and agree to be bound by these terms and conditions of use (“Terms of Service”), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this Site, including without limitation, browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all of these Terms of Service, you may not access this Site.
AMENDMENTS
You can review the most current version of the Terms of Service at any time on this Site. The Specialty Food Shop may, at any time, with or without notice, amend or supplement these Terms of Service by posting the revised version on this Site. It is your responsibility, as a user, to ensure that you are aware of any such amendments from time to time. Your continued use of this Site following the posting of any such revisions shall be deemed as acceptance to be bound by the revised Terms of Service.
ONLINE STORE TERMS
You may not use Our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You may need to register an account with the Specialty Food Shop. When you register, you will be asked to create a username and password. It is important that you remember your username and password and that you keep this information in a safe place offline. We will use it to identify you when you login to this Site.
You are responsible for maintaining the confidentiality of your login information and for all activities that occur through use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.
A breach or violation of any of the Terms of Service will result in an immediate termination of the Service.
GENERAL CONDITIONS
The Site offers products for sale. Prices and availability are subject to change without notice.
Specialty Food Shop reserves the right to refuse service to anyone for any reason.
By using this Site, you agree not to produce, duplicate, copy, exploit, sell or resell any portion of this Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without Specialty Food Shop’s express written consent.
Your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
PAYMENTS AND BILLING
Payment for products must be made using the payment methods provided on the Site.
You agree to pay all charges associated with your purchases, including applicable taxes and shipping fees.
CANCELLATION OF ORDERS
We may deny and cancel orders at any time after placement, for any reason, at Our sole discretion. You will be notified by email, to the email address given during checkout, of the decision made by Specialty Food Shop to cancel your order. Should your order be cancelled, Specialty Food Shop will not be obligated to fulfill/ship your order. After cancellation has taken place, Specialty Food Shop will return all monies exchanged, back to the original payment method used during checkout.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household, per order, per geographical region or per jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise this right on a case-by-case basis.
Where Specialty Food Shop makes a change or cancellation of an order, Specialty Food Shop may attempt to notify you by contacting the email, billing address or phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in Our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Specialty Food Shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that Specialty Food Shop may complete your transactions and contact you where needed.
For more information, please review Our Refund Policy.
REFUSAL OF SERVICE
We reserve the right to refuse service, and/or terminate accounts for any reason, at any time, without prior notification, at Our sole discretion.
Specialty Food Shop does not tolerate abusive or inappropriate language or behaviour. Should a customer exhibit abusive, inappropriate or aggressive behaviour, Specialty Food Shop will, at Our sole discretion, have the right to end the telephone call, email correspondence, or online chat (as applicable).
MODIFICATIONS TO THE SERVICE AND PRICES
All descriptions of products, as well as pricing for Our products, are subject to change, at any time, without notice.
Specialty Food Shop reserves the right, at any time, to modify or discontinue the Service (or portions thereof) without notice.
Any offer for any product or service made on this Site is void where prohibited.
Specialty Food Shop is not liable to you, or any third party, for modifications, price changes, suspension or discontinuance of the Service.
LINKS TO OTHER WEBSITES
While Specialty Food Shop may provide, through this Site, links to other websites owned and/or operated by Us or unaffiliated third parties, these websites are not part of this Site and each linked website has, or may have, different terms and conditions. Please be sure to review the applicable terms and conditions, agreements and policies carefully when visiting Our other websites or any third-party websites to whom we provide links.
Specialty Food Shop assumes no responsibility for any material outside of this site that may be accessed through such links. Unless otherwise expressly indicated by Us, Specialty Food Shop is not sponsored by, or affiliated with, any linked website and Specialty Food Shop does not control the information and materials accessed from such third-party websites.
DISCLAIMER REGARDING ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Specialty Food Shop is not responsible for information made available on this site that is inaccurate, incomplete, or outdated. The material on this Site is provided for general information only and should not be relied upon, or used, as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance of the materials on this Site is at your own risk.
While Specialty Food Shop reserves the right to modify the contents of this Site at any time, We do not have any obligation to do so. You agree that it is your responsibility to monitor changes on this Site.
You are responsible to review and understand all package and package insert information concerning products purchased from Specialty Food Shop. The information provided on this Site is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your primary physician or pharmacist prior to starting any treatment or in connection with any health problems or questions. The information provided on this Site is for general informational purposes only and is not intended to provide specific health advice for you and should not be relied upon to that end.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We may, but have no obligation to, monitor, edit or remove content that is determined, in our sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property and/or these Terms of Service. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or malware that could impact the operation of the Service or related websites.
You may not use a false email address or otherwise mislead us or third parties as to the origin of any comments. You are responsible for any comments you make and their accuracy. Specialty Food Shop does not take any responsibility, and does not assume any liability, for any comments posted by you or any third party.
PRIVACY POLICY
Your use of this Site, and submission of any personal information therein, is governed by Specialty Food Shop’s Privacy Policy.
SHIPPING AND REFUNDS
Please refer to Our Shipping Policy and Refund Policy.
ERRORS, INNACURACIES AND OMISSIONS
Information on this Site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product description, pricing, promotions product shipping charges, offers, transit times and availability. We reserve the right to, without prior notice, correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, at any time, if any information in the Service, or on any related website, is inaccurate (including after submission of an order).
Specialty Food Shop is under no obligation to update, clarify or amend information in the Service, or any related website, including, without limitation, pricing information, except as required by law.
No particular update applied in the Service, or on any related website, should be taken to indicate that all information in the Service, or on any related website, has been modified or updated.
PROHIBITED USES
In addition to the conditions contained in these Terms of Service, you are prohibited from using this Site or its content in the following ways:
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for any unlawful purpose;
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to solicit others to perform or participate in any unlawful acts;
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to infringe upon or violate Specialty Food Shop’s intellectual property rights or those of others;
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to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
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to submit false or misleading information
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to harass, abuse, insult, harm, intimidate, defame, slander, disparage or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
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to update or transmit viruses, or any other type of malware, that will or can be used in any way to impact the function or operation of the Service or of any related website, other websites or the internet,
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to spam, phish, pharm, pretext, spider crawl, or scrape;
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to collect or track the personal information of others;
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for any obscene or immoral purpose; or
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to intervene or circumvent the security features of the Service or any related website, other websites or the internet.
Specialty Food Shop reserves the right to terminate your use of the Service or related websites for violating any of the prohibited uses.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, Specialty Food Shop may remove or cancel this Service for indefinite periods of time without notice to you. You agree that both your use of, or inability to use, this Service is at your own risk. This Service and all products and services delivered to you through this Service are (except where expressly stated) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the fullest extent permitted by law, under no circumstances, shall Specialty Food Shop be liable for any injury, claim, loss of use, loss of data, loss of income or profit, loss of or damage to property, or loss of opportunity, for any damages of any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages) arising out of the use of the Service, or any products procured therefrom, even if Specialty Food Shop has been advised of the possibility of such damages or losses. These limitations, exclusions and disclaimers shall apply irrespective of the nature of the cause of action, including but not limited to, breach of contract, negligence, tort, or any other legal theory, and shall survive a fundamental breach or breaches or the failure of the essential purpose of this agreement or any right or remedy contained herein.
INDEMNIFICATION
You hereby agree to indemnify and hold Specialty Food Shop harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal fees, which Specialty Food Shop may incur in connection with any claim arising out of, or resulting from, (a) any breach by you of these terms and conditions, (b) your use of this Site, your account and/or your submission of content, or (c) any violation by you of any law or the rights of any third party. You must use your best efforts to co-operate with Speciality Food Shop in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
SEVERABILITY
Should any provisions of these Terms of Service be determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination will not impact the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either party (Specialty Food Shop or you). You may terminate these Terms of Service by notifying Specialty Food Shop that you no longer wish to use the Service, or when you cease using the Site.
If you, in Our sole discretion, fail, or are suspected to have failed, to comply with any term or provision of these Terms of Service, Specialty Food Shop may terminate this agreement at any time without notice and you will remain liable for all amounts due up to, and including, the date of termination; and/or we may deny you access to the Service (or any portion thereof).
ENTIRE AGREEMENT
Specialty Food Shop’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, and any policies or operating rules posted by Specialty Food Shop, on this Site, or in respect to the Service, constitutes the entire agreement and understanding between you and Specialty Food Shop and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Specialty Food Shop (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
This Site is controlled, operated, hosted and served by Specialty Food Shop, located in Toronto, Ontario, Canada. If you choose to access and use this Site from another jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service shall be governed by, interpreted, construed, and enforced in accordance with the laws of Ontario and the federal laws of Canada applicable to contracts made and performed entirely in Ontario, excluding any rules or principles of conflicts of law which might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction. If the arbitration and dispute resolution provisions in these Terms of Service are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of, or relating to, these Terms of Service shall be filed only in the Ontario Superior Court of Justice, to be adjudicated in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sfs.admin@sickkids.ca .
