Website Terms and Conditions of Use

Last modified: DECEMBER 20, 2024

  1. Acceptance of Website Terms and Conditions

These website terms and conditions of use for groceryfoundation.com, makehappytummies.ca, vouchers.groceryfoundation.com, gala.groceryfoundation.com, creonsdejoyeuxpetitsbedons.ca and any other websites we may create in the future (the “Websites”) constitute a legal agreement and are entered into by and between you and The Grocery Foundation and its affiliates, if any (the “Foundation”, “we”, “us” or “our”). These Website Terms and Conditions of Use (the “Terms and Conditions”) govern your access to and use of the Websites.

BY USING ANY OF THE WEBSITES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITION S OR OUR PRIVACY POLICY, FOUND AT https://groceryfoundation.com/pages/privacy-policy (the “Privacy Policy”), OR IF YOU ARE DISSATISSFIED WITH ANY OF OUR WEBSITES, YOU MUST NOT ACCESS OR USE THE APPLICABLE WEBSITE.

By using the Websites, you represent and warrant that you have the capacity under applicable law to form a binding contract with the Foundation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

  1. Modifications to the Terms and Conditions and Website

The Foundation reserves the right in its sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Websites, upon notice to you of such modifications. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS OR ANY OF THE WEBSITES, YOUR SOLE REMEDY IS TO CEASE USING THE APPLICABLE WEBSITE.

The information and material on the Websites may be changed, withdrawn, or terminated at any time in the Foundation’s sole discretion without notice. The Foundation will not be liable if, for any reason, all or any part of any of the Websites is restricted to users or unavailable at any time or for any period.

  1. Account Set-Up and Privacy

This Section 3 shall at all times be subject to, and further supplemented by, the provisions of the Privacy Policy.

The security of your personal information is very important to the Foundation. However, the transmission of information via the Internet is not completely secure. Although the Foundation does its best to protect your personal information, the Foundation does not guarantee the security of your personal information transmitted through the Websites, unless required by applicable law. To the fullest extent permitted by applicable law, any transmission of personal information is at your own risk. To the fullest extent permitted by applicable law, the Foundation is not responsible for circumvention of any privacy settings or security measures contained on the Websites.

To access certain features on the Websites, you may need to provide personal information and/or register an account. When you register an account, you must provide accurate and complete personal information. You are responsible for obtaining your own access to the Websites and your account. You are also responsible for the activity that occurs on your account, and you must keep your account password secure. You must protect the confidentiality of your account information by not sharing your username or password with others or allowing others to use your account. You agree to notify the Foundation immediately of any unauthorized use of your account. You are responsible for any unauthorized use of your account. The Foundation reserves the right to disable or terminate your account, in its sole discretion for any reason, including violation of these Terms and Conditions. You are prohibited from attempting to circumvent and from violating the security of any of the Websites by any means.

Information that the Foundation collects from you may include, but is not limited to, your name, email, address, postal code, credit card details, and banking information. You agree that the Foundation can contact you in order to manage interactions with the Foundation and to conduct surveys seeking feedback. Any surveys conducted would be used to improve the Foundation’s services and to determine your use and satisfaction with the information on the Websites. While aggregate information about survey results may be publicized, individual data from surveys will not be shared with other organizations.

All account users can update or correct their personal information and opt-out of communications from the Foundation by communicating with the Foundation at admin@groceryfoundation.com or 206-5409 Eglinton Ave West, Etobicoke, Ontario, M9C 5K6.

By submitting your personal information and using the Websites, you consent to all actions taken with respect to such information for the purposes set forth in, and in accordance with, the Privacy Policy, and as the Foundation deems necessary for use of the Websites to the fullest extent permitted by applicable law.

  1. Intellectual Property and Ownership

You understand and agree that the Websites and their entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Foundation, its affiliates, their respective licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Foundation name and all related names, logos, product and service names, designs, images, and slogans are trademarks, common law trademarks or otherwise unregistered trademarks of the Foundation or its affiliates or their respective licensors. You must not use such trademarks without the prior written permission of the Foundation. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on any of the Websites are the trademarks, common law trademarks or otherwise unregistered trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Websites for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of the Websites, in any form or medium whatsoever without the Foundation’s consent except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms and Conditions.

You are not permitted to modify copies of any materials from any of the Websites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of the Websites. You must not access or use for any commercial purposes any part of any of the Websites or any services or materials available through any of the Websites.

If you print, copy or download any part of any of the Websites in breach of these Terms and Conditions, your right to use the Websites will cease immediately and you must, at the Foundation’s option, return or destroy any copies of the materials you have made. Except as relating to your right to use and access the Websites in accordance with these Terms and Conditions and the Privacy Policy, you have no right, title, or interest in or to the Websites or to any content on the Websites, and all rights not expressly granted are reserved by the Foundation. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions, will result in the automatic revocation of your permission to use the Websites and may subject you to monetary damages and other civil and criminal penalties, including, without limitation, for infringement or violation of copyright, trademark, and other intellectual property or other proprietary laws.

  1. Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Websites only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to any of the Websites, to other users or other persons (collectively, “User Submissions”) and any and all chat services through the Websites (“Interactive Functions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

Without limiting the foregoing, you warrant and agree that your use of the Websites and any User Submissions shall comply with the following standards (“Site Content Standards”) which require you to not:

  • in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and the Privacy Policy;
  • in any manner violate the terms of use of any third-party website that is linked to the any of the Websites, including but not limited to, any third-party social media website;
  • include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Foundation’s sole discretion;
  • involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
  • involve, provide, or contribute any false, inaccurate, or misleading information;
  • impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  • transmit, or procure the sending of, any advertisements or promotions without prior written consent from the Foundation, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  • encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by the Foundation, may harm the Foundation or users of the Websites or expose them to liability;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act; or
  • give the impression that they originate from or are endorsed by the Foundation or any other person or entity, if this is not the case.
  1. User Submissions: Grant of Licence

The Websites contains Interactive Functions allowing User Submissions on or through the Websites.

Other than personal information (as such term is defined in the Privacy Policy), none of the User Submissions you submit to any of the Websites will be subject to any confidentiality obligations incumbent upon the Foundation. By providing any User Submission to any of the Websites, you grant the Foundation and its licensees, licensors, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, transferable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material (other than personal information, as such term is defined in the Privacy Policy) for any purpose and according to these Terms and Conditions and/or incorporate such material into any form, medium or technology, or create any derivative work therefrom and to exercise or other proprietary rights therein, throughout the world, without further compensation to you. You further waive any moral rights or similar rights or other rights of authorship as a condition of submitting any User Submission. If you do not wish to grant the rights provided in this Section 6, please refrain from transmitting any User Submissions to the Foundation and/or through any of the Websites.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to the Foundation and its licensees, licensors, successors, and assigns to the User Submissions in compliance with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, and not the Foundation, are fully responsible for any User Submissions you submit or contribute, and that you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Foundation is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of any of the Websites.

  1. Site Monitoring and Enforcement, Suspension and Termination

The Foundation has the right, without provision of notice to:

  • remove or refuse to post on any of the Websites any User Submissions for any or no reason in the Foundation’s sole discretion.
  • at all times, take such actions with respect to any User Submission deemed necessary or appropriate in the Foundation’s sole discretion, including, without limitation, for violating the rights attached to the User Submissions, Site Content Standards or these Terms and Conditions.
  • take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of any of the Websites. Without limiting the foregoing, the Foundation has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Foundation to disclose the identity or other information of anyone posting any materials on or through any of the Websites.
  • terminate or suspend your access to all or part of the Websites for any or no reason, including, without limitation, any violation of these Terms and Conditions.

WITHOUT LIMITING THE GENERALITY OF SECTION 14, YOU WAIVE AND HOLD HARMLESS THE FOUNDATION FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, DAMAGES, LOSSES AND EXPENSES (INCLUDING JUDICIAL AND EXTRAJUDICIAL COSTS AND DISBURSEMENTS) OF ANY NATURE OR KIND WHATSOEVER AGAINST THE FOUNDATION OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANDATARIES, AGENTS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, RELATING TO OR RESULTING FROM (A) ANY ACTION TAKEN BY THE FOUNDATION RELATING TO ANY INVESTIGATIONS BY EITHER THE FOUNDATION OR BY LAW ENFORCEMENT AUTHORITIES, OR (B) THE FOUNDATION’S EXERCISE OF ITS RIGHTS PURSUANT TO THIS SECTION 7 OR THE APPLICATION OF THIS SECTION 7.

The Foundation has no obligation, nor any responsibility to any party to monitor the Websites or its use, and does not and cannot undertake to review material that you or other users submit to the any of the Websites. The Foundation cannot ensure prompt removal of objectionable material after it has been posted and the Foundation has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

  1. No Reliance

The content on the Websites is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on any of the Websites.

Although the Foundation makes reasonable efforts to update the information on the Websites, the Foundation makes no representations, warranties, or guarantees, whether express or implied, that the content on the Websites is accurate, complete, or up to date. Your use of the Websites is at your own risk and neither the Foundation nor its subsidiaries, affiliates, and their respective directors, officers, employees, mandataries, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Websites.

The Websites may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Foundation.

  1. Cookies

By using any of the Websites, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze use patterns of the Websites. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you set your browser to turn off cookies, however, some areas of the Websites may not function adequately. For more information on this automated information gathering practice, see the provisions relating to cookies in the Privacy Policy.

  1. Third-Party Websites

For your convenience, the Websites may provide links or pointers to third-party sites. The Foundation makes no representations about any other third-party websites that may be accessed from any of the Websites. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Foundation. If you choose to access any such sites, you do so at your own risk. The Foundation has no control over the contents of any such third-party sites. Under no circumstance will the Foundation or any of its affiliates or their respective directors, officers, employees, mandataries, agents, representatives, successors or assigns be liable for damages arising from any transaction between you and any third party website or for any information, content, services or products provided by or through any third-party website. You are subject to any terms and conditions of such third-party sites.

  1. Online Purchases

The Foundation offers an online donation service which allows you to make a donation to the Foundation through the Websites. You may also purchase products or services from the Foundation through the Websites (“Products”). All donations, orders and purchases made through the Websites are subject to the following terms and conditions:

  • You agree to and enter into a complete and binding contract with the Foundation. You are responsible for providing complete and accurate billing and contact information and for notifying the Foundation of any changes to such information.
  • All prices listed on any of the Websites are in Canadian dollars and all charges will be processed in Canadian dollars unless stated otherwise.
  •  If you are a consumer to whom the Consumer Protection Act (Quebec) applies (“Quebec Consumer”), the provision set forth in the bullet point immediately below does not apply to you and the provision set forth in this bullet point applies instead. While the Foundation takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. The Foundation may correct errors or inaccuracies and change or update information on the Websites, including in respect of prices and availability of Products. We will communicate any such changes to you in advance and, if applicable, how to accept those changes. Such changes will take effect and apply to you upon your next purchase or order of a Product. Subject to applicable law, you accept the applicable change by continuing to use the applicable Website after such change takes effect. If you do not agree with such changes, you have the right to reject such changes by cancelling your donation pledge or ceasing to use the applicable Website (as applicable) prior to the change taking effect.
  • While the Foundation takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. The Foundation may correct errors or inaccuracies and change or update information on the Websites at any time without notice, including in respect of prices and availability of Products.
  • You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from the Foundation.
  • The online form you fill out at the time of purchase (“Order”) will specify the Products that you are purchasing from the Foundation or donations you are making to the Foundation.
  • You must have the capacity to enter a binding sales contract before purchasing Products from any of the Websites or making a donation to the Foundation.
  • If you purchase Products with a credit card, you must be the cardholder or an authorized representative of the cardholder.
  • Subject to applicable law, you agree to pay for all charges noted in your Order as payable by you.
  • The Foundation reserves the right to limit the quantities of items which you, your family or any group can purchase, to reject, correct, cancel or refuse Orders, subject to the notice required by applicable law, and to determine accounts in its discretion including, without limitation, if the Foundation believes that a consumer’s conduct contravenes applicable law or is harmful to the interests of the Foundation or its representatives, agents, contractors, suppliers or licensees.
  • The Foundation will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, the Foundation will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, the Foundation will notify you as soon as possible.
  1. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND IF YOU ARE A RESIDENT OF THE PROVINCE OF QUEBEC, THE WARRANTIES OF QUALITY AND TITLE UNDER THE CIVIL CODE OF QUEBEC. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NONE OF THE FOUNDATION NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MANDATARIES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF ANY OF THE WEBSITES OR THEIR RESPECTIVE CONTENTS; WITHOUT LIMITING THE FOREGOING, NONE OF THEM REPRESENT OR WARRANT THAT THE WEBSITES AND THEIR RESPECTIVE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, AVAILABLE ON A TIMELY BASIS, SECURE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

THE FOUNDATION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

  1. Limitation of Liability

You understand and agree that you use the Websites and their services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE FOUNDATION OR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MANDATARIES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR FAULT, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, MATERIAL PREJUDICE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING FAULT OR NEGLIGENCE) OR EXTRACONTRACTUAL LIABILITY, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE FOUNDATION WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE FOUNDATION WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. YOUR ONLY RIGHT, REMEDY AND RECOURSE WITH RESPECT TO ANY DISSATISFACTION WITH THE WEBSITES OR SERVICES OR WITH THE FOUNDATION SHALL BE TO TERMINATE THE USE OF THE WEBSITES AND FUTURE USE, PURCHASE OR ORDER OF THE PRODUCTS OR OTHER SERVICES.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Foundation, its subsidiaries, affiliates, and their respective directors, officers, employees, mandataries, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, actions, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees, including judicial and extrajudicial fees and disbursements) arising out of or relating to your breach of these Terms and Conditions or your use of, or access to, the Websites, including, but not limited to, third-party sites and any use of the Websites’ respective content, services, and products not expressly authorized in these Terms and Conditions.

  1. Governing Law and Choice of Forum

If you are a Quebec Consumer, the paragraph immediately below does not apply to you and the following sentence applies instead. The Websites and these Terms and Conditions will be governed by and interpreted in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule.

If you are a consumer located outside of Quebec, the Websites and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location, except as required by applicable law.

Any action or proceeding arising out of or relating to the Websites and under these Terms and Conditions will be instituted in the courts of Ontario and/or the Federal Court of Canada, or if you are a Quebec Consumer, in the courts of the province in which you reside or are domiciled, and yourself and the Foundation irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. Waiver

No failure to exercise, or delay in exercising, any right, remedy, recourse, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, recourse, power, or privilege.

  1. Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Entire Agreement

The Terms and Conditions, together with the Privacy Policy and any linked terms or agreements incorporated herein by reference constitute the sole and entire agreement between you and the Foundation relating to subject matter hereof and thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

  1. Reporting and Contact Information

Should you become aware of misuse of any of the Websites, including libellous or defamatory conduct, you must report it to the Foundation at admin@groceryfoundation.com. Feedback, comments, requests for technical support, and other communications relating to the Websites should also be directed to admin@groceryfoundation.com.

The Foundation can also be reached by mail at 206-5409 Eglinton Ave West, Etobicoke, Ontario, M9C 5K6.

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