TERMS OF USE

Welcome to this website of WELLNESS FOODS INC., operating as SimplyProtein® (“WELLNESS FOODS”) PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this website are subject to the following Terms of Use and other applicable law. If you do not agree to these terms of use, you are not permitted to use this site. Wellness Foods reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time without prior notice to you. Therefore, we urge you to read them carefully each time you visit the website. Your continued use of this website following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

Copyright

The entire content included in this website, including but not limited to text, photographs, images, illustrations, audio, video, graphics or code (collectively the “Material(s)”) is copyrighted as a collective work and/or compilation under the copyright laws of Canada and the United States, international conventions and other copyright laws, and is the property of Wellness Foods. The Material includes all works that are licensed to Wellness Foods.

No Material may be copied, reproduced, republished, transmitted or distributed in any way without the express written consent of Wellness Foods, except that you may download on any single computer or print a copies of the Material for your personal, non-commercial use, provided that: i) you keep intact all proprietary notices; ii) you do not modify the Material in any way, iii) you do not use the Material in any manner that suggests you are associated with Wellness Foods; iv) you agree that you have no ownership rights to any of the Material. The use of any Material on any other website is prohibited without the express written consent of Wellness Foods.

Trademarks

All names, titles, logos, trademarks, service marks and trade names of Wellness Foods used in the website are trademarks or registered trademarks of Wellness Foods.

Limitation of Liability and Disclaimer

By visiting this website, you acknowledge that technical processing and transmission of this website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Wellness Foods is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the website or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical malfunction. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WELLNESS FOODS, ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED PACKAGERS, PROMOTION AND MARKETING PARTNERS AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE WEBSITE OR MERCHANDISE, SERVICES OR OTHER REWARDS OR PRICES OFFERED THROUGH THE WEBSITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BY VISITING THE SITE YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM.

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WELLNESS FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Errors, Inaccuracies and Omissions

Wellness Foods makes every effort to ensure that the content on this website is complete and current. However, we do not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Wellness Foods reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.

Notice

WELLNESS FOODS may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to Wellness Foods.

Use of Website

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Wellness Foods or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.

Content Contributed to the Website

If you contribute content to this website (“User Content”), you acknowledge that you own all intellectual property in the User Content.  You will not contribute to this website any content that is not originally created by you, or any content which is not properly licenced to you by someone else for uploading or contributing.

You automatically grant to Wellness Foods an irrevocable and perpetual non-exclusive, transferable, fully-paid, royalty-free worldwide licence, to us and others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt, in whole or in part, reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, and to licence or permit others to do so.

Participation Disclaimer

Wellness Foods does not and cannot review all communications and materials posted to or created by users accessing the website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content on the website, Wellness Foods is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Wellness Foods reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive, contrary to law, or otherwise unacceptable to Wellness Foods in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Wellness Foods, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Wellness Foods may link to websites operated by third parties. However, even if the third party is affiliated with Wellness Foods, Wellness Foods has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Wellness Foods. These linked websites are provided for your convenience only and therefore you access them at your own risk.

WELLNESS FOODS MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER WEBSITES. YOUR DECISION TO ACCESS SUCH OTHER WEBSITE IS SUBJECT TO THE TERMS OF USE GOVERNING SUCH WEBSITES.

Nonetheless, Wellness Foods seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).

Entire Agreement

These Terms of Use, together with the website Privacy Policy constitute the entire agreement between us and you regarding the subject matter of this website, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter, These Terms of Use are subject to change by Wellness Foods at any time.

Governing Law

This website is intended for users who reside within Canada. We make no representation that materials on this website are appropriate or available for use in a given location. Those who choose to visit and use this website do so on their own initiative and are responsible for compliance with local laws. The Terms of Use as well as the use of this website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating such action. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

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Wellness Foods Inc.
355 Adelaide St. West, Ground Floor
Toronto, ON, M5V 1S2

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Wellness Foods Inc.
355 Adelaide St. West, Ground Floor
Toronto, ON, M5V 1S2