Terms and Conditions
Effective Date: August 22, 2018
CONTACT INFORMATION & DISCLOSURE
This Site is provided by Marche / Chairman's Brand Corporation("Marche"). Marche head office is located at 77 Progress Avenue, Toronto, ON M1P 2Y7, (416-288-8515). If you have a complaint about our products or service or would like to get more information about Marche, please contact us.
ACCEPTANCE OF TERMS & CONDITIONS
Your access to and use of this Site (the "Site") is subject to these Terms and Conditions and other legal notices and policies, including the Privacy Policy, found in this Site (collectively the "Terms and Conditions"). By using this Site you agree to all of the Terms and Conditions. Do not use the Site if you do not agree to be bound by the Terms and Conditions. Marche may modify the Terms and Conditions at any time.
INTELLECTUAL PROPERTY - GRANT OF LIMITED LICENSE (TRADEMARKS AND COPYRIGHTS)
All Trademarks used in the Site are owned by or licensed to the Chairman's Brand Corporation. The Site and all (without limitation) text, design, graphics, images, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site (collectively, "Content") is protected by trademark, copyright and other laws and contracts. You may only use the Trademarks and Content as expressly permitted by the Terms and Conditions. Any other use is strictly prohibited. Neither the Site nor the Content may be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way except when expressly allowed by the Terms and Conditions or with the prior non-electronic consent of Marche. Modification or use of the materials for any other purpose may violate Marche's intellectual property rights, all of which rights are reserved. Subject to these Terms and Conditions, Marche grants you a revocable, nontransferable, nonexclusive, limited license to access and make use of this Site, when and as available, under the applicable terms, conditions and policies.
COPY OF CONTRACT - OTHER COPIES
You agree to print or make an electronic copy of: (1) the Terms and Conditions (including the incorporated terms, notices and policies), and/or (2) any contract into which the Terms and Conditions are incorporated, and retain the copy in your records; to the extent required by law, we hereby instruct you to do so. You also agree to make a copy from time to time of other contracts, notices or similar information that we are required by law to deliver to you. You may print or make one copy of printed Content that is necessary to document a transaction (if any) at the Site. You may also print or make a copy of Content when such is expressly invited on the Site; any electronic copy must be made to or saved on only one computer for your personal and non-commercial home use and you may not change any copyright, trademark or other proprietary notice. Additionally, users of the Corporate/Investor Site may print or download a copy of Site printed information for their own information or to exercise their lawful rights as an investor or stockholder. If you modify or use the materials for any other purpose you may be violating intellectual property rights belonging to Marche or third parties.
ACCOUNTS, PASSWORD AND SECURITY
If any offer made on or through the Site requires you to open an account, you must complete the registration process by providing current, complete and accurate information as requested by the registration form. You may also be requested to select a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Marche immediately of any unauthorized use of your account or other security breach. Marche will not be responsible for any loss or expense that you may incur as a result of someone else's use of your account or password with or without your knowledge. You may be held responsible for losses incurred by Marche or another party as the result of someone using your account or password. You are prohibited from using any other person's account without the permission of the account holder.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See Marche Privacy Policy for information relating to the collection and use of information you submit to us.
RESTRICTION OF USE
Unless you have first obtained our non-electronic consent, you may not do any of the following:
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Create a link to this Site;
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Use any robot, spider or other automatic device not provided by us to extract any data or Content;
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Reverse engineer or otherwise attempt to discover any source code relating to the Site or any Content or Site functionality or Services, except to the extent that such activity is expressly permitted by applicable law;
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Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); use any meta tags or any other "hidden text" utilizing Marche's name or trademarks;
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Interfere or attempt to interfere with the intended or proper working of the Site;
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Take any action that impose or might impose an unreasonable or disproportionately large load on the Site's infrastructure;
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Post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any laws. Marche may fully cooperate with any law enforcement authorities or your order requesting or directing it to disclose the identity of anyone posting such information or material; or
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Violate any law, contract or intellectual property right, or commit a tort. It is Marche's policy to terminate in appropriate circumstances any (if any) account or right of access for any or repeated infringement.
NO PAYMENT FOR SUBMISSIONS
This Site provides you an opportunity to communicate with us. Please be aware that Marche does not pay for or provide any consideration for any suggestions or ideas regarding the Site or its improvement, any business or restaurant processes or procedures, marketing or advertising slogans or ideas, or any other matter (collectively a "Submission"). If you desire payment or other consideration for a Suggestion, do not submit it through the Site. You agree that any Suggestion submitted through the Site will become the property of Marche, that Marche will have no obligation of confidentiality with respect to any Submission, and that neither Marche nor any person associated with it will be liable for any use or disclosure of any Submission. By communicating a Submission, you represent and warrant to Marche that you own or otherwise control all of the rights to your Submission including without limitation the right to submit the Submission. You grant Marche a royalty-free, irrevocable, unrestricted, nonexclusive worldwide license to use, modify, copy, sublicense, transmit, publish, create derivative works, publicly perform and display any Submission for any purpose, commercial or otherwise without compensation or liability to anyone.
LINKED SITES
Some links on the Site allow you to leave this Site. The linked sites may or are not be under the control of Marche and Marche assumes no responsibility for the contents or policies of any Linked Site, for any link contained within a Linked Site, for any changes or updates to a Linked Site. Marche is not responsible for web casting or any other form of transmission received from any Linked Site. These links solely as a convenience and the inclusion of any Linked Site does not imply that Marche endorses the Linked Site.
NO WARRANTIES
The site, services, data, information, content and functionality (collectively, "Complete Site") are provided "as is" and without warranty of any kind, expressed or implied, including, but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose. The Complete Site is provided: (1) with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; and (2) without any assurance (or warranty) that they will be uninterrupted or error free or effect any particular result, that defects will be corrected, or that they will be free of viruses or other harmful components. Also, there is no warranty of title or against infringement or interference with your enjoyment of any part or aspect of the complete site.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
To the full extent allowed by law, you agree that no one in Marche will be liable to you and/or any other person for any special, consequential or incidental damages, damages for lost profits, loss of privacy or security or failure to meet any duty (including but not limited to any duty of good faith or lack of negligence or of workmanlike effort) or for any other indirect or punitive damages whatsoever that arise out of or are related to any part or aspect of the complete site or to any breach of this agreement, even if it has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
You agree that your sole remedy for any breach of the Terms and Conditions (including any incorporated terms or policies) or any cause of action of any nature (including tort) relating to any part or aspect of the complete site shall be, at Marche's option: (1) substitution or replacement of all or part of the information giving rise to your direct damages; or (2) the amount of direct damages actually incurred by you in reasonable reliance, which amount shall not exceed the amount actually paid by you for the item causing your direct damages. You agree that the damage exclusions limitation of liability in these Terms and Conditions shall apply even if any remedy fails of its essential purpose
TERMINATION
Either Marche or you may terminate the Terms and Conditions without cause at any time. Notwithstanding termination, you will still be liable for payment of any amounts due or other obligations incurred before the agreement ended, and if you use the Site after you terminate, that use will be your new agreement to the Terms and Conditions. If Marche terminates, Marche will give you notice but may provide it after the termination if Marche, in our good faith discretion and subject to applicable law, believes that prior notice might create harm or costs to Marche, or to any part or aspect of the Complete Site, or others.
ENTIRE AGREEMENT; MISCELLANEOUS
These Terms and Conditions, including (a) amendments, (b) notices, terms and policies incorporated into these Terms and Conditions, (c) additional terms, conditions contained on the Site for particular activities, and (d) the disclosures provided by use and the consents provided by you on the Site (collectively, "Entire Agreement"), constitute the enter agreement between Marche and you. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Marche's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it.
AMMENDMENT
Marche may change these Terms and Conditions (including incorporated terms and policies) or the Terms governing the Corporate/Investor Site in our good faith discretion. Marche will post a notice in the Terms and Conditions of the respective Site when we change from one version to another. If the Effective Date of the new version is a date later than the last time you read the relevant document, you should review the new one. As of its Effective Date, the latest version will apply to the Site, including to all information we then or later have (until a subsequent version becomes effective).
NOTICES
Notices to You. You agree that we may give you all notices that we are required to give by posting notice on the Site. You also agree that we may send notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide an email notice to any email address that you provide to us. You agree to keep your address current when possible. You also agree to check for notices posted on the Site.
Notices to Marche. There is only one of you but we have several locations, receive many emails, and not all employees are trained to deal with every kind of communication. You agree to send us notice by addressing it to 77 Progress Avenue, Toronto, ON M1P 2Y7 - Attn: Legal Department ("Our Legal Notice Address"). Notice will be effective on the date we receive it. If you send your notice by certified mail, return receipt requested, or by courier service the post office or courier service will give you proof when we receive it. If a law requires us to accept email notice notwithstanding the foregoing, call us at 416-288-8515 or our address established for receipt of such notices.
FURTHER INFORMATION
If you would like to receive our legal name and address by email, you need to provide us your email address. Send your request to: feedback@marchefresh.com.