Terms and Conditions of Use

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the vegansfriend.com website ("Website"), and any of their related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Four Health Corners Inc. ("Four Health Corners Inc.", "we", "us" or "our").

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity.

If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and Four Health Corners Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Accounts and Membership

In order to access and use certain features of the Site, you are required to register an account (the “Account”) through the Site. During registration you will be required to provide us with certain personal information, which may include your e-mail address, a user name and password (the “Login Information”).

You must be at least 16 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

If you create an account on the Services, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

We may monitor and review new Accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your Account.

You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

You are responsible for any, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you.

You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

After termination of your account or after removing any Content, we have the right to retain any user generated Content at our absolute discretion. Four Health Corners Inc. and its users may retain and continue to use, store, display, reproduce, modify, create copies or derivatives of, and distribute any user generated Content that has been shared or stored with the Services.

You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other information that you may provide to Four Health Corners Inc. through Services, whether solicited or unsolicited, as a user or otherwise, ("Feedback") will be owned by Four Health Corners Inc., without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Four Health Corners Inc. and waive all moral rights you may have therein. Upon request from Four Health Corners Inc. and at Four Health Corners Inc. expense, you will fully cooperate and assist with, execute and deliver all further documents to enable Four Health Corners Inc. to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason Four Health Corners is unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint Four Health Corners Inc. and its duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.

If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

We reserve the right to change products and product pricing at any time. We also 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.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, nutrient data, Website, content provided within Services, User Content, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services 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 on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Advertisements

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, Four Health Corners Inc. may receive an affiliate commission.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or 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 Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Health and Safety

You should consult with your healthcare provider and consider the associated risks before using our Services in connection with any wellness or fitness program or meal or diet planning. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, yoga, exercises, meal or diet planning or any of the related activities made available to you in connection with the Services.

Participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, with full knowledge of and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities, diet or meal planning or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services, even if caused in whole or part by the action, inaction or negligence of Four Health Corners Inc. or by the action, inaction or negligence of others.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, the look and feel of the Website and/or Services, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by Four Health Corners Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Four Health Corners Inc.

All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Four Health Corners Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Four Health Corners Inc. or third party trademarks.

In using our Intellectual Property, you must not: (a) display our Intellectual Property in any manner that implies a relationship or affiliation with Four Health Corners Inc., sponsorship, or endorsement by Four Health Corners Inc., or that may be seen to suggest the content has been authored by, or represents the views or opinions of Four Health Corners Inc.; (b) display our Intellectual Property on your site if your site contains promotion of non-vegan food products or lifestyle, or displays adult content, or promotes illegal activities; (c) display our Intellectual Property as the most prominent element or the Vegan's Friend logo as the largest logo (except as displayed in the image itself) on any page of your site; (d) use our Intellectual Property to disparage Four Health Corners Inc. or Vegans Friend Services or display our Intellectual Property in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene and objectionable to Four Health Corners Inc.; (e) display our Intellectual Property on a site that violates any law or regulation; or (f) remove, distort or alter any element of any of our logo or any of our trademark.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Four Health Corners Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Four Health Corners Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Four Health Corners Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FOUR HEALTH CORNERS INC., ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR VIOLATION OF ANY OF THESE TERMS, (II) YOUR USE OR MISUSE OF THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR PERSONAL INJURY OR DEATH, (III) YOUR USE OR MISUSE OF ANY LINKED SITES, (IV) YOUR VIOLATION OF ANY LAW OR THIRD PARTY'S RIGHTS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

International Use

Four Health Corners Inc. is headquartered in the Province of Ontario, Canada. By electing to use the Website and our Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Website and/or Services is in compliance with all laws applicable within that other jurisdiction. Four Health Corners Inc. makes no representation that materials, products and services available on or through the Website and/or Services are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Website and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Website and/or Services is illegal. You may not use, export or re-export any materials from this Website and/or Services in violation of any applicable laws or regulations.

Force Majeure

Four Health Corners Inc. will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of events beyond the reasonable control of Four Health Corners Inc. , including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

Dispute resolution

You and Four Health Corners Inc. agree that any dispute, claim or controversy arising out of or relating to these Terms, any policy referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Webite, Services or Content (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (a) bring an individual action in the Province of Ontario Provincial Court (Small Claims Division) or Ontario Civil Resolution Tribunal (Small Claims Division) subject to the applicable jurisdictional limits of those bodies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademark, trade secrets, patents, confidential information or other intellectual property or proprietary rights.

You acknowledge and agree that you and Four Health Corners Inc. are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Four Health Corners Inc. expressly agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms.

Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the procedural rules of the Province of Ontario International Commercial Arbitration Centre. The venue of the arbitration shall be Toronto, Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Entire Agreement

hese Terms, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Four Health Corners Inc. regarding the Site, Services and the Content.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Survival

The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@vegansfriend.com.

This document was last updated on April 1, 2021