Terms & Conditions

TERMS OF SERVICE

ActivEats is a brand developed by Growfoods Inc., and owned entirely by Growfoods Inc. In the entire document below, Growfoods Inc. is referred to as ActivEats and vis-versa.

 

Returns and Refunds:

 

ActivEats will not guarantee any refund, and each case is assessed individually and separately.

We do not accept returns of our meal sets, although we can give refunds if several basic conditions are met.

We can provide refunds for incorrect orders received, severely damaged external packaging, or incorrect delivery days. Each case will be assessed separately.

You will only be refunded to the payment method used upon checkout. If you are accepted for a refund, you will be notified within 5 business days that you are accepted for a refund. Refunds are either accepted or declined within 5 business days, upon us receiving the information asked. If you are declined you will not receive any notification of refund acceptance within 5 days. An additional 10 business days is required for processing the refund up receiving notification that your refund claim has been accepted.

 

To complete any refund, we require a receipt, proof of purchase. Proof of purchase is your receipt which you will be mailed upon processing payment. We also require a photo of the shipping label on your meal set, with the recipients address, name, and order number clearly visible. The shipping label must be in its original state and in its original location to be accepted as proof.

Within 5 business days upon receiving your proof or purchase and shipping label photo, you will be notified of either being accepted for a refund or not.

If you are accepted for a refund, please allow up to 10 business days to process your refund upon receiving your confirmation.

You will only be refunded to the payment method used. Refunds are processed within 10 business days, upon being accepted for the refund.

There are certain situations where only partial refunds are possibly granted (if applicable). For example, as mentioned later below, if single meals, or a few, are incorrect.

We do not give refunds for meals with their individual seal, or branded sticker compromised, for any reason.

Please do not send your purchase back to the manufacturer, we do not accept any meal set returns. If you are receiving a refund for you order, you can choose to do as you wish with the incorrect order.

 

SUBSECTION: MISSING OR DAMAGED SHIPPING LABEL.

Our couriers are responsible for ensuring the shipping label is present in its original state. For each meal set you receive we will have photographed the meal set with the label both at our facility. This will be used as proof against any damaged or missing shipping label claims. If the mistake is on our side, we can refund the order entirely.

Note; For direct deliveries, if you are not their to collect your order, we provide you with a photo of your meal set in front of your door, or office room. This photo will clearly demonstrate the meal set where it was placed by the courier, the recipients address, name, and order number. This is used as proof that your order has been delivered and the order is correct. If you find that upon your return that the shipping label is missing or is damaged, or incorrect, we will use this photo as proof against any incorrect claim. If your shipping label is missing or damaged, please provide a clear photo of the shipping label and your meal box, in its ORIGINAL location; we will not accept any photos of the meal set in any other location than that where it was left by our courier. If our own photo has the shipping label present, you will be sent the photo, as proof that we have fulfilled the requirements on our end, and you will note be eligible for any refund.

If you ARE there to receive your order, please check the shipping label to match your order number, address and name. Notify the courier immediately of the discrepancy, and we will likely refund your order entirely. We will not accept missing shipping label and damaged shipping label claims after the delivery driver has handed you the package and you have singed off on it.

If you are picking up you order from a Penguin Pick-up location, and you find that the shipping label is missing or has been compromised, you must notify the staff at the penguin pick-up location immediately. We will no accept any claims with regards to missing and compromised shipping labels, after you sign off for your package at penguin pick-up.

 

SUBSECTION; INCORRECT ORDER AND INCORRECT SHIPPING LABEL.

If you have received an order that isn’t meant for you, or that has an incorrect shipping label, we will refund your order entirely. We must be provided proof of purchase, as well as a clear photograph of your meal set’s shipping label, with the name and address of the recipient clearly visible, as well as the order number.

For direct delivers, if you are there to receive your order, please make sure the shipping label on the meal set matches your order number, recipient name, and recipient address. If you find a discrepancy, immediately notify the courier, and we will provide you with a full refund. We will no accept any incorrect order claims, based on incorrect shipping label, after you have singed off on the delivery.

If you are not there to receive your order, we always provide a photo of your meal set at your address, with the shipping label visible, clearly demonstrating the recipients address, order number, and name. This will also be used against any incorrect order claims based on incorrect shipping label.

If the recipients name and address, and order number on the shipping label is yours, but the order is still incorrect, we require a photo of all the meals from you meal box, laid out 1 tray in height on a flat surface. All meals must be in their original containers, SEALED, with our branded sticker on each meal in their original location. This must be sent along with proof of purchase. We can refund an incorrect order after having received the above mentioned.

If you have received a meal, or several meals that is (are) not supposed to be in the meal set you ordered, please provide a clear photo of the meal(s); Each separately, they must be in their original container, SEALED, in their original state with our branded sticker in its original place. We require proof of purchase, as well as a photo of the shipping label on your meal set, where the recipients name, order number, and address clearly visible. We will refund the entire cost of the incorrect meal(s) you have received according to that meal sets pricing per meal. If you have several incorrect meals, you must provide pictures of each, in their original container, SEALED, with our branded sicker present in its original location. If more than 3 meals in your meal set are incorrect, we will refund your meal set entirely.

Note; for penguin pick-up, you can immediately bring the penguin pick-up staffs attention to either your damaged meal set or the shipping label doesn’t match your order. They will help you in contacting us and refunding your order. For a refund, you will be required to provide proof of purchase, as well as a clear photograph of your meal set’s shipping label, with the name and address of the recipient clearly visible, as well as the order number. We will not accept any incorrect order claims based on shipping label, after you have signed off your order from penguin pick-up.

 

 

SUBSECTION: DAMAGED MEAL SETS.

If you receive a meal set that is visibly damaged, and you are their to receive the order, please notify the delivery courier immediately, and you will receive a full refund. Damaged meal sets will be analyzed individually for the damage, and we do not guarantee refunds. We might refund orders when the meal sets have significant structural damage to the cardboard box, enough to compromise the required temperature climate within the box. These can be either deep tears though the entire wall of the container and the insulating material, or part of the box mixing entirely, as well as the sealing tap torn off from the top of the box where it is sealed. Water damaged meal sets are not accepted for refunds in any case. If you have received such a damaged meal set from a courier, you must notify him immediately, in order to receive your refund. We will not accept damaged box claims.

If you aren’t there to receive your order and upon your return you find significant structural damage to your meal box, ActivEats holds no responsibility. Activeats cannot and will not ensure the safety and structural integrity of your meal set once it has been delivered and placed in its location by the courier. If you aren’t there to receive your order, you will be sent a photograph of the order where it was left by the courier. This is considered proof of delivery, and no more.

For penguin pick-up, please notify the staff at penguin pick-up immediately if you see that your meal sets structural integrity has been compromised. If you sign off on the pick-up, we will not accept any claims with regards to structural integrity bieng compromised.

 

SUBSECTION: MISSING MEAL SETS, ORDERS NOT DELIVERED.

If you aren’t home to receive your order, you will be sent a photograph of your meal set taken by our courier, with the meal set in its designated location. Anything that happens after our courier drops of your order, ActivEats is not responsible in any way. ActivEats is not responsible for orders that go missing, after they have been delivered. The photograph afore mentioned will be used as proof against any claims regarding missing meal sets, or orders not delivered.

If you do not receive your order on the specified order date, and you do not receive a photo of your order should you not be there to receive the order yourself, you will be eligible for a full refund.

 

 

 

DECLINED TRANSACTIONS:

If your transaction is declined you will be notified immediately. ActivEats will not deliver any order that has an unfinished or a declined transaction.

 

COUPONS AND DISCOUNTS:

ActivEats reserves the right to alter, change, or cancel a discount or coupon at any time, without notice. If a change to a recurring coupon will affect future billings, we will make all reasonable attempts to let you know of the change prior to the applicable order charge.

 

If a discount is provided based on specific order criteria (ex: 10% off for $100 recurring orders), and the criteria is not met (ex: recurring orders are canceled after the first order), ActivEats will charge the discounted amount to the customer account retroactively.

 

 

GIFT CARDS:

Gift Cards are non-refundable, under any circumstances.

 

CANCELATIONS:

We accept cancelations, but only before the order cut-off day for that weeks delivery. So for example, if you have ordered your food on Monday, (with the cut-off order time being before Wednesday 12 pm, and you are to receive your food that same Sunday; you are only able to cancel before that weeks Wednesday, before 12 pm. If you have not cancelled your order before the cut-off day for orders of that week, you will receive a full refund. If you fail to cancel before the specified date and time, you will receive your order and will get no cancellation refund. Please allow 10 business days to process your refund. You will be refunded on the payment method you used to place your order. To cancel, you must contact us either via email, or the phone, and provide proof of payment, which would have your order number, recipient name and address attached to the order. This must be done before the specified cut-off date.

 

MACRO AND MICRO-NUTRITIONAL INFORMATION:

Growfoods Inc. uses the most highly regarded product sources available, and the standard serving sizes of their meals, in order to determine the nutritional information in it’s meal plans and special diet choices . These nutritional breakdowns are not meant to be scientifically accurate, although very close. This information is meant to be a general guide to the contents of the meal, and can vary slightly based on small changes in serving size, or the proportion of ingredients used (for dishes that contain a mix of ingredients). Growfoods Inc. is not responsible for ensuring that the nutritional information is completely identical for every meal served, and by agreeing to these Terms and Conditions, you, the client, agree to use this information generally for your own purposes.

If there is a disagreement between the macro-nutritional information provided in one section of the website, and the information provided elsewhere), please notify the ActivEats staff immediately and it will be corrected immediately.

 

ALLERGIES AND NUTRITIONAL PREFERENCES:

ActivEats posts the ingredients lists and specialized icons made to represent whether the product is free of gluten and dairy (white milk bottle and white wheat stock on blue background), gluten-free, or Vegan (White sign saying Vegan on a green background), in order to maintain transparency about what we put in our food. This means that if, for example, a product has the free of gluten and dairy icon on it, no dairy or gluten was used in the preparation of that product.

To reiterate, these icons represent whether each respective ingredient (or collection of ingredients) is used in the preparation of the product.

However, GrowFoods Inc. CANNOT GUARANTEE against cross contamination of allergens in the kitchen. Our kitchen is not a nut, dairy, or gluten free facility, and those who have anaphylactic allergies to the aforementioned items (dairy, gluten, and peanuts/tree nuts) use Growfoods Inc. products AT THEIR OWN RISK. Even in situations where we use products that do not contain gluten (rolled oats in the pancakes, for example), some ingredients themselves may have been prepared in facilities that cannot guarantee against cross-contamination. To reiterate, we receive products from facilities that can process gluten, dairy, as well as nuts and seeds.

Growfoods Inc., on its website ActivEats, clearly rights “Free of Gluten and Dairy”, vs. “Gluten and Dairy Free”, in full compliance with Health Canada’s requirements, as we are not a facility that’s completely free of Gluten and Dairy, meaning that we process both Gluten and Dairy in our facility, and we do no guarantee against any cross contamination of allergens in the kitchen.

Growfoods Inc. processes nuts and seeds in its facility, and therefore cannot guarantee against any cross contamination with the afore mentioned.

 

Lastly, the Vegan icon (The word Vegan in white letters on a green background) represents a product that was not made without any animal proteins or products. However, we do process animal proteins and products in our facility as a whole.

 

 

 

PRIVACY STATEMENT:

 

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our ActivEats, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. 
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. 
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

We do not direct our site to, nor does it knowingly collect any personal information from children under the age of thirteen.

When you visit the our web site, a cookie may be placed on your computer or the cookie may be read if you have visited the our web site previously. We use cookies to allow us to determine which products and services you have already purchased/interested in, so that we do not provide redundant information to you, If you choose to not have your browser accept cookies from the our web site, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our web site.

 

Purposes for Collecting Personal Information

To understand customer needs regarding our services.

To develop and provide our web site and our products and services for our customers.

To fulfill your requests for products, services or information.

To communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available.

To allow customers to access limited-entry areas of our site.

To personalize some of our services and products for you and to deliver targeted advertisements and offers.

To protect the services, products or rights of – including but not limited to the security or integrity of our website.

To identify and resolve technical problems concerning our site, products and services.

We also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

SECTION 2 – CONSENT

How do you get my consent? 
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. 
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – Woocommerce Inc

Our store is hosted on Woocommerce Inc . They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
Your data is stored through Woocommerce Inc. data storage, databases and the general Woocommerce Inc. application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Stripe or PayPal stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. 
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 
As an example, if you are located in the United States and your transaction is processed by a payment gateway located in Canada, then your personal information used in completing that transaction may be subject to disclosure under Canadian legislation.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

SECTION 5 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. 
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 6 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@activeats.ca

 

 

 

TERMS OF SERVICE

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OVERVIEW

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this websites relationship with you in relation to this website.

This website is operated by Growfoods Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Growfoods Inc. Growfoods Inc. 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 here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, 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. 
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including 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. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. 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 on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
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.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns and Refunds Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date 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.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our 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 we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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. 
In no case shall GrowFoods Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Growfoods Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is 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 shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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 accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us 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 us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@activeats.ca

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