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Terms & Conditions

Welcome to the Daiya Foods website, located at www.daiyafoods.com (“Website”). Please read these terms and conditions carefully before using this Website.

 

This Website is offered to you by Daiya Foods Inc. (“Daiya”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices.

 

Except to the extent otherwise set forth herein, these Terms do not provide you with a license to or any other rights to any products or services of Daiya.

 

Daiya reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms.  Your use of this Website after such changes have been posted will constitute your agreement to the modified Terms.

 

Ability to Enter into these Terms

In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms.  If you accept these Terms, you represent that you have the capacity to be bound by them.

 

Permitted Use

Daiya grants you a limited, revocable and non-exclusive license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Daiya. This license does not include any resale or commercial use of this Website or its contents.

 

The following activities are also specifically prohibited:

  • any collection and use of any product information, listings, descriptions, prices or any other materials made available on the Website;
  • any derivative use of this Website or its contents;
  • any downloading or copying of account information; and
  • any use of data mining, robots, or similar data gathering and extraction tools.

 

No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray Daiya, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Daiya logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

User Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.  Certain features of the Website may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Daiya that you have the consent of all recipients to send such communications.

If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.   Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Daiya employee, host, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or 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.

 

Intellectual Property

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by Daiya, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Daiya’s company name, the terms “Daiya” and “Daiya Foods”, the Daiya logo and all related names, logos, product and service names, designs and slogans are trademarks of Daiya or its affiliates or licensors. You must not use such marks without the prior written permission of Daiya. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.  All of the aforesaid rights are retained by Daiya and its affiliates or licensors.

 

User Submissions

All remarks, feedback, suggestions, ideas, graphics, recipes or other information communicated, transmitted, submitted or posted by you through or in connection with the Website (each a “Submission”), including without limitation through any recipe submission or feedback systems provided by Daiya through the Website, will be licensed to Daiya in accordance with and otherwise subject to these Terms.  Any Submission you communicate, transmit, submit or post through or in connection with the Website will be considered non-confidential and non-proprietary, and Daiya will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Daiya operations, products, services, or materials.  You hereby grant to Daiya a perpetual, unlimited, irrevocable license to use, copy, distribute, modify and disclose to third parties each such Submission for any purpose, and you hereby waive all moral rights and other similar rights to each such Submission.  You acknowledge and agree that Daiya will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person.  All Submissions must comply with the content standards set out in these Terms. You represent and warrant that you own or control all rights in and to each such Submission and have sufficient rights and authority to grant to Daiya the rights to each such Submission granted under these Terms. You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless Daiya and its affiliates and licensors for any breach of that representation and warranty.

 

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Daiya, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Daiya, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Daiya. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

 

Personal Information Submitted Through the Site

Your submission of personal information to us is governed by our Privacy Terms, which are set forth below.  These Terms incorporate by reference the terms and conditions of the Privacy Terms.

 

Contests

 

We may run contests from time to time through the Website.  All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules, as well as the terms set out in these Terms.

 

Third-Party Links

This Website may contain hyperlinks to websites which are not maintained by Daiya. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. Daiya is not responsible for the contents of those websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations and/or businesses responsible for those websites.

 

Disclaimer

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND CONTENT IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PRODUCT AND SERVICES INFORMATION, NEWS, ARTICLES, RECIPES AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) DAIYA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF DAIYA ARE EXPRESSLY DISCLAIMED; (C) DAIYA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) DAIYA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Daiya makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws.   Daiya may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL DAIYA OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DAIYA (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.

YOU ALSO AGREE THAT DAIYA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE FROM THE WEBSITE.

 

Indemnification

You agree to indemnify, defend, and hold harmless Daiya and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.

 

Applicable Laws

These Terms and your use of this Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that Daiya may seek and obtain injunctive relief in any jurisdiction.

 

General

The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Daiya’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable.  In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions.  Daiya may assign its rights and obligations under these Terms.  These Terms will enure to the benefit of Daiya’s successors, assigns and licensees.

 

 

PRIVACY TERMS

 

Last Updated: August 2, 2013

These privacy terms apply to the Daiya Foods website located at www.daiyafoods.com (the “Website”) maintained by Daiya Foods Inc. (“Daiya”, “we”, “us” or “our”).  By accessing and using this Website, you shall be deemed to have accepted and agreed to the terms hereafter set forth (the “Privacy Terms”). If you do not agree to these Privacy Terms, please do not use this Website.

 

These Privacy Terms may be changed from time to time. Changes will be posted on this page and your use of this Website after such changes have been posted will constitute your agreement to the modified Privacy Terms and all of the changes.

 

Consent and Information Collection and Use

When you visit the Website, use the functionality contained therein and/or communicate with us via email, social media or feedback or contact forms located on the Website, we may ask for personal information that will be used for purposes set out in these Privacy Terms.  Some information is also automatically collected, such as your Internet Protocol (“IP”) address, your operating system, the browser type, the address of a referring website, your user preferences and your activity on the Website.  We treat this information as personal information if we combine it with or link it to any of the identifying personal information mentioned above.

 

By providing personal information to us, you consent to the collection, use and disclosure of such personal information as specified in these Privacy Terms. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.  We do not knowingly collect the personal information from anyone under the major age of consent in the jurisdiction of residence of the individual or determined based on the address of such individual. We may store and process personal information in Canada and other countries.

 

We may use your personal or account information for the following purposes:

  • to administer and fulfill contests, loyalty programs, and other promotions and programs in which you participate;
  • to help us address problems with and improve the Website, and/or our products and services;
  • to request feedback and otherwise contact you about your use of the Website and/or our products and services;
  • to notify you about important changes to our Website and/or our products and services;
  • for our internal business purposes, such as to analyze trends and statistics, for audits, to develop new products, to enhance our websites, to improve our products and services, to identify usage trends and to determine the effectiveness of our promotional campaigns;
  • to protect the security or integrity of our websites, our products and services and our business;
  • to prevent, detect and investigate activity and transactions that are suspicious, fraudulent, or violate our Website Terms and Conditions;
  • to contact you if necessary regarding your transactions with us, changes to our terms, conditions, and policies and/or for other administrative purposes;
  • to respond to your requests for support or customer service;
  • in an emergency situation to protect your personal safety or that of site visitors or any third party;
  • in connection with, or during negotiations of, any merger, sale of Daiya’s assets, financing or acquisition, or in any other situation involving the transfer of all or part of the business assets of Daiya;
  • with your consent when required, to communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions; or
  • as required or authorized by law.

 

You also may provide personal information to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are published or displayed on the Website and transmitted to others at your own risk.  We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Sharing of Personal Information

We may share your personal information with certain service providers, including without limitation outside shipping companies, vendors, consultants and credit card or payment processing companies (“Service Providers”).  When we engage Service Providers who manage customer information on our behalf and/or perform services on our behalf, such as conducting surveys, sending communications or helping prevent fraudulent transactions, we may share your personal information with such Service Providers under the requirement that such personal information is used only to provide services to us.

 

We are not responsible for the actions of any independent third parties you may choose to engage with directly, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties

 

Rights to Your Information

We strive to ensure that any personal information we retain and use is accurate, complete and up-to-date as necessary for the purposes for which we will use it.  If our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request.

 

Aggregated Data

We may also use your personal information and Website usage statistics to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers or users, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.

 

Links

The Website may contain links to other websites. These Privacy Terms do not apply to other websites and we are not responsible for the privacy practices or the content of such websites. We encourage you to read the privacy policy of linked websites prior to providing them with personal information.  Their privacy policies and practices may differ significantly from our policies and practices.

 

Cookies and Log Files

We may use cookies and log files to track user information. Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your computer’s hard drive. We use cookies to track which page variant a visitor has seen, to track if a visitor has clicked on a page variant, to monitor traffic patterns and to gauge popularity of website pages and options.  We will use this information to deliver relevant content and services to you.

 

Most Web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies.  If you choose to remove cookies or reject cookies, this could affect certain features or functionality of our Website.

 

Change of Ownership or Business Transition

In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred in accordance with applicable privacy laws.

 

Security

We will strive to prevent unauthorized access to your personal information, however, no data transmission over the Internet, by wireless device or over the air, is guaranteed to be 100% secure.  We will continue to enhance security procedures as new technologies and procedures become available.  Please remember that you control what personal information you provide while using the Website. Ultimately, you are responsible for maintaining the secrecy of any personal information provided in connection with the use of the Website. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Website. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Website, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Website. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.

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