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TERMS OF USE

Last updated: July 31, 2021

Welcome to Our Site, which is owned and operated by Sveet Eats Ltd., a Canadian corporation incorporated under the laws of British Columbia, Canada, having its principle office in Vancouver.

All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and any other applicable law. The use of this site constitutes your approval. If you do not agree with these terms and conditions, please do not use the Site.

This document constitutes a contract (the “Contract”) between You (“You”, “Your”) and Sveet Eats Ltd. (“We”, “Our”) regarding the terms and conditions associated with ordering and receiving Our products (“Products”) which are offered to You through the «sveet.ca» Website, any subdomain or other related mobile platform (the “Website”, the “Service”). You must review the following terms and conditions of purchase before using the Service. By accessing the Website or using the Service, You agree to all the terms and conditions described in this Agreement. At any time, You may cancel this Agreement by ceasing to use the Service as described in this Agreement.

GENERAL CONDITIONS

By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your province or state of residence, or that You are the age of majority in Your province or state 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

We reserve the right to refuse service to anyone for any reason at any time.

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, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS AND SERVICES

All prices are in Canadian dollars. Our products are not taxable. We accept all of the following payments: Interac e-Transfer®, credit card and debit card through Square Payment. Orders purchased via Our shop at Square are sent securely to Our order desk where they are reviewed. Once the order is verified and fully paid, it will be processed for delivery or pick-up.

All sales are final and no refunds can be made. We do not grant refunds or returns for Products when they are not defective or out of date at the time of delivery or pick-up. You are responsible for inspecting the Products at the time of delivery to ensure that the order is in compliance, without damage or risk of consumption. You must also deposit the Products in the freezer without delay after receiving the Products. After this period, you will be presumed to have received the Products in good condition and not defective.

If the product delivered is defective, expired or incomplete at the time of the delivery, We will arrange and send you a compensation, free of charge. It is your duty to contact customer service to report the condition of the product within 3 working days following the time of delivery. You may be asked to keep the expired or defective product for further inspection and/or investigation.

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.

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.

Due to the many variations in monitors and browsers, the colour of Our products may appear different on different monitors. Computer monitors are not all calibrated equally and colour reproduction on the Internet is not precise. Since it is not possible to guarantee Our online colours will look the same on all computers, We do not guarantee that what You see accurately portrays the colour of the actual product. We have made every effort to display as accurately as possible the colours and images of the products We carry and that appear on the Website, but cannot guarantee that what You see is an exact representation.

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.

NOTIFICATION OF RELEASE OF HEALTH RESPONSIBILITY

The information contained on Our Website and/or its subsidiaries, has not been evaluated by Health Canada or the FDA in the United States, and does not have the objectives to diagnose, treat, cure or prevent any disease. The information on this Website should not be used as a therapeutic modality or as a substitute for the advice of a health professional. The information presented above, or information received via telephone or email, should not be interpreted as a medical practice. We are not responsible for the abuse and/or misuse of any product sold due to a consumer using this Website. We are also not responsible for any problems or difficulties that may arise due to the consumer’s use of the products sold by Us. Customers using this Website, both past and future, who do not consult their healthcare professional prior to the purchase and subsequent use of any product, assume the risk of all consequences.

PERSONAL INFORMATION AND SAFETY

All personal information submitted to us through the store is governed by Our Privacy Policy. We work to protect the security of Your personal information during transactions. We do not have access to Your credit card information, as it is encrypted immediately when a transaction is completed. Only Square Payment Gateway, with which We deal with, receives its encrypted information. For more details, click to view Our Privacy Policy.

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.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION PLUS TYPOGRAPHICAL ERRORS

We are not responsible if information made available on this Site is not accurate, complete or current.

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 also reserve the right to refuse or cancel all orders placed in the event that Our product is incorrectly listed at an incorrect price. We reserve the right to refuse or cancel such orders even if the order has been confirmed and loaded to Your credit card account. In case the order has already been invoiced to Your credit card and Your order is cancelled, We agree to give credit to Your account by reimbursing Your credit card at the value of the price error.

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.

The Site may also 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.

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 Site. 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.

OPTIONAL TOOLS

We may provide You with access to third-party service or tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such service or 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.

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.

COPYRIGHT AND TRADEMARKS

The entire content of this Site, including the text, but not limited to the text, including graphics and codes are under copyright law as a collective work under Canadian Law and other Copyright Acts, and is the property of Sveet Eats Ltd. Collective work includes work that is authorized by US.

We grant permission to electronically copy and print parts of this Site only if the purpose is to place an order with Us or to purchase Our products. You can show, being subject to any restrictions or limitations expressly indicated concerning the specific material, download or print parts of the material from the different areas of the Site only for Your own non-commercial use, or to place an order with Us or purchase products from Us. Any other use, including, but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Us.

You also agree not to change or delete any industrial property content from the material downloaded from the Site.

All trademarks, service marks and trade names used on this Site are registered trademarks or trademarks of Sveet Eats Ltd.

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.

DENIAL OF PARTICIPATION

We do not and cannot review all communications and materials reported to or created by users accessing the Site, and is in no way responsible for the content of such communications and materials.

You acknowledge that by allowing you the right to view and distribute the content written by the user on this Site, We act simply as a passive conduit for such distribution and undertakes no commitment or responsibility for any content or activity on this Site. However, We reserve the right to block or remove communications or materials it determines to be (a) abusive, defamatory, or obscene (b) fraudulent, misleading, or deceptive, (c) in copyright infringement, trademark or intellectual property right or (d) injuring and unacceptable to Us in its sole discretion.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

These terms and conditions apply to You when You access the Site and/or complete the registration or purchase process. These terms and conditions, or any part thereof, may be terminated by Us without prior communication at any time, for any reason. The provisions relating to copyrights, trademark, denial, limitation of liability, indemnity and miscellaneous, will survive any judgment.

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 Sveet Eats ltd. , 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, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and keep Sveet Eats Ltd. harmless, as well as its directors, managers, employees, officers, agents, investors, contractors and suppliers (collectively, the “service providers”) against any losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any breach of these terms and conditions or any activity related to Your account (including negligent or unjustified conduct) by You, any other person accessing the Site using Your Internet account or 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.

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.

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).

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.

GOVERNING LAW

These Terms of Service (the use of this Site) and any separate agreements whereby We provide You services will be governed in all respects by the laws of the Province of British Columbia, Canada.

You agree that the court and the place of appointment in any legal proceedings directly or indirectly arising out of or concerning this Site (including, but not limited to the purchase of Uur products) will be conducted in provincial or federal courts located in Vancouver, British Columbia. Any cause of action or claim relating to the Site (including, but not limited to, the purchase of Our products) must be commenced within one (1) year after the claim or cause of action has arisen.

Our failure to insist on or impose strict enforcement of these terms and conditions will not be interpreted as a waiver of any provision or right. Neither the course of conduct between the parties nor the commercial practice will act to modify any of these terms and conditions. We may assign its rights and duties under this agreement to any party at any time without prior communication.

CHANGES TO TERMS OF SERVICE

Any new features or tools which are added to the current Store shall also be subject to the Terms of Use. 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.

QUESTIONS AND CONTACT INFORMATION

If You have any questions about the Terms of Service, please contact Us at sveet.ca@gmail.com or private message Us on Instagram @sveet.ca.

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