Terms and conditions of Dunesberry Farms
Last revision: June 28, 2022
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions of use represent a legal agreement between Dunesberry Farms Ltd. (“Company”, ‘we’, ‘our’, or ‘us’) and you, the person accessing and using this website (“you”). The following Terms and Conditions govern and apply to your use of or reliance upon this website that is owned, operated, or maintained directly or indirectly by Dunesberry Farms (the “Website”), and all downloadable applications, features, functionality, content, or information that is made available or provided by the company.
BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING THAT YOU ACCEPT OR AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF WHICH SHALL GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MAY NOT USE THE WEBSITE.
PURPOSE
The website is made available to you for the sole purpose of providing you with information about the Company, the Company news, and the Company’s products.
ACCEPTANCE AND MODIFICATION OF TERMS
The Website is available to you subject to and in accordance with all Terms and Conditions outlined here as well as those described in the Company’s Privacy Policy (“Privacy Policy”). Company reserves the right to modify or replace the Terms of Use. Should we wish to modify or change these terms of use the new terms of use will be posted on our website. The effective date will indicate when there has been an update to the Terms of Use. If you continue to use our website after there has been an update to the Terms of Use, you will be deemed to have accepted such changes.
AGE RESTRICITON
You must be at least nineteen (19) years of age to use this Website, or any services contained herein. Your access or use of this Website indicated your representation that you are at least nineteen (19) years of age. We assume no responsibility or liability for any misrepresentation of your age.
INTELLECTUAL PROPERTY
All intellectual property on the website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names, or patent laws are owned, registered and/or licensed by us or our trusted partners. All content on the website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the website, including but not limited to, documentation, data, or information developed by us, and other materials which may assist in the used of the website or services (“Company Material”). The company Materials or services may not be used for any other purposes than the use of this website and the services offered on the website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account”).
- You are solely responsible for your Account and the maintenance, confidentiality and security of the Account and all passwords related to your Account, and any and all activities that occur under your Account, including the activities of any person who gains access to your Account with or without your permissions;
- You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account, or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- You agree to provide true, current, accurate, and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information as held by us current, complete, and accurate.
ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services, or the general business of Dunesberry Farms Ltd.
You further agree not to use and/or access the website:
- To harass, abuse, or threaten others or otherwise violate any persons legal rights;
- To violate any intellectual property rights of us or any third party
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To penetrate any fraud;
- To engage in or create any unlawful gambling; sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
PROTECTION OF PRIVACY
Through your use of the website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you may provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Dunesberry Farms Ltd. you further agree that your purchase of any products on the website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the website.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- Violate the security of the Website through any unauthorized access, circumvention f encryption or other security tools, data mining or interference to any host, user, or network.
DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
INDEMNIFICATION
You defend and indemnify Dunesberry Farms Ltd. and any of its affiliates and hold us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to do so.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
In no event whatsoever shall any of the Company, its Directors, Officers, Employees, Shareholders, Affiliates, Agents and Third-Party Contractors, Suppliers and Licensors (each a “COMPANY PARTY” and collectively, the “COMPANY PARTIES”) be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of the website or any inability to use the website (including any connection with the transmission or downloading or storage of any data or submissions to or from the Website or the use of, or reliance on, any company content or other information or data contained on or provided through the Website, or loss or damage to Files or data or any costs of recovering or reproducing any files or data or loss of use or lack of availability of services or any other consequential economic loss whatsoever) however caused and regardless of the form or cause of action and whether or not foreseeable even if the Company Parties or any of them has been informed in advance or ought reasonably to have known the potential for such damages.
The Company will not be liable for any failure to perform its obligations hereunder where the failures result from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms and conditions of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocations represent a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.
COPYRIGHT AND TRADEMARKS
The website contains proprietary information and material that is owned by Company, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. All product, brand and company names and logos and trademarks displayed on the Website are the trademarks of Company (or its suppliers, partner businesses or third-party licensors). No portion of the website may be copied or reproduced in any form without written permission from Company. You are not permitted to modify publish, distribute, transmit, copy, or create derivative work of any material found on this Website or any Company publication for any public, private, commercial, or other purposes.
SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint which relates to your use or misuse or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to the Website.
NO WARRANTIES
Your use of the website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the website is your sole responsibility and we are not liable for any changes or any such damages or loss.
PRIVACY
In addition to these Terms and Conditions, this Website has a privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information you may refer to our Privacy Policy, which you may find at the following address: www.dunesberryfarms.com.
By using or browsing this website, you also acknowledge that you have read our Privacy Policy.
ASSIGNMENT AND LANGUAGE
These terms of Use are personal to you in the English language, and are not assignable, transferable, or sublicensable or translatable by you except with Company’s prior written consent. Company may assign, transfer or delegate or any of its rights and obligations hereunder without your consent.
CONTACT/NOTICES
If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Company under the Terms of Use, please contact Company by clicking Contact Us or by delivery in person, or by courier or mail, to Company at Dunesberry Farms Ltd. 4141 Westsyde Road, Kamloops, BC, V2B 8N1. Company may provide notices or communications to you on the Website, and you agree that such notices shall constitute notice to you whether or not you may access the notice.