Terms of Use

Introduction:

Welcome to Halgoods Inc.(We, us) website family(the Sites)! Our websit family includes www.halgoods.com and its subsites. This Terms of Use applies to all of the websites provided by us. By using these websites, you accept this Terms of Use and to comply with all applicable laws and regulations as they may change from time to time. Additional terms and conditions apply to some services offered on the Sites and may be found at the place where the relevant service is offered.

We may change the terms of this Terms of Use from time to time.  By continuing to use any of the Sites after such changes, you accept the Terms of Use, as modified.

Registration and Memberships:

You do need register for an account before placing an order through the Sites. If registering for an account, you agree to provide accurate and current information about yourself and/or your business as required to provide you the services requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are responsible for: (1) the accuracy of all information that you provide to us; (2) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Website; and (3) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware at privacy@halgoods.com. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.

Memberships are free of charges, non-transferrable, and available to those who have a company with a valid business number. The benefits of becoming a member include the capability to access certain website pages and create/manage your own store pages, as well as exclusive member offers and promotions.

We reserve the right to require valid government-issued identification for Business Membership enrollments and changes. The owner or officer of a business who registers for membership shall have the sole authority to make changes to the membership and receive and request account or access member profile information.

Use of Personal Information:

We use the information you provide to register for an account, attend our events, receive newsletters, use certain other services.

We will not sell or lease your personal information to third parties unless we have your permission or are required by law to do so.

We would like to send you email marketing communication which may be of interest to you from time to time. If you have consented to marketing, you may opt out later.

You have a right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please click on the unsubscribe link at the bottom of the email.

Content Submission:

We allowed members to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Sites (“Content”). By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old; and (3) use of any Content you supply will not violate any term of this Terms of Use and will not cause injury to any person or entity.

All such submissions shall not be deemed confidential and your submission of Content shall constitute an assignment to us of all worldwide rights, titles, and interests in such information. We will not be liable for any use or disclosure of such Content. We will not have any obligation to keep such Content confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation.

The following Content is prohibited.

1 ) Content that is false, inaccurate, or misleading;
2 ) Content that contains your full name(s), or any other confidential identifiable information about yourself or others;
3 ) Content that violates any local, province/territory, federal, or international laws;
4 ) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
5 ) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in its sole discretion;
6 ) Advertisements, solicitations or spam links to other websites or individuals, without prior written permission from us;
7 ) Chain letters or pyramid schemes;
8 ) Content that impersonates another business, person or entity, including Halgoods Inc., its related entities, employees, and agents;
9 ) Content that contains viruses or other harmful computer code;
10 ) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
11 ) Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Halgoods Inc. in writing; or
12) Content that violates any policy posted on the our Sites, or interferes with the use of the our Sites by others.

You should understand, although we cannot monitor all Content, we shall have the right, but not the obligation, to monitor the Content of our Sites to determine compliance with this Terms of Use and any other operating rules that may be established by us from time to time. We shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted to or posted on our Sites for any reason, including violation of this Terms of Use, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify us and our affiliates for all claims resulting from any Content you submit.

Order, Pricing ,and Payment:

If you purchase or order items through our Website, by confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (1) orders or preorders paid for with a Gift Card, or PayPal account; and (2) orders paid using the in-store “Cash” payment method. Unless otherwise indicated, all dollar amounts on the Website are in Canadian Dollars.

The prices shown on the Website at the time of ordering reflect the online store prices.  Any applicable taxes will be calculated and displayed when completing checkout and prior to submission of your order. All taxes displayed are estimates and the final tax amount will be confirmed based on your final order total. Once you submit your order, the prices of items, or price per weight of items where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price for a particular item.

Although we make our best effort to ensure pricing is accurately reflected for each item on the Sites, because the Sites contains a large number of items, it is always possible that some of the products listed on the Sites may be incorrectly priced, or there may sometimes the information on the Site that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). In those circumstances, we reserve the right to apply the correct current price to the item prior to completing the transaction. If you are not satisfied with the current price, you have the right to remove the product from your order.

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Terms of Use and may result in order cancellation.  Prior to accepting an order, we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

Prior to completing the transaction, if any product in your order is not to your satisfaction, you may remove the item at that time. For all refunds or exchanges, the return policy of the Sites will apply.

Product Information and Availability:

We may provide you with recipes, health notices, nutritional and labeling information and other information regarding our certain products, to enhance your shopping experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on the Sites, or in other materials we may provide prior to purchasing any product, or before you embark on any diet, exercise, or lifestyle change.

Because manufacturers may change information contained on a label without notifying us, we provide information as a guideline only.  Always look critically at any information presented to you and always read current labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.

We may list the possible countries of origin for many products on the individual product page to the best of our knowledge. Although we strive to maintain accurate information on the country of origin for our products, the country of origin for a particular product may change at any time due to unforeseen circumstances, and in some cases, a country of origin may not be available. If you would like to request information on the actual country of origin for any of the items you are purchasing, please contact us request this information.

Although our goal is to fulfill each order, from time to time, We does not guarantee the availability of any products or items described on the Sites and some products may be unavailable due to the perishability of items, market conditions, or other conditions beyond our control. We will not be liable to you if we are not able to provide you with any particular product.  At times when we have an item that is very similar to the item you ordered, we may contact you via your preferred communication method to suggest a substitution. At the time you are notified, you may accept or reject the substitution. If we do not receive a response, we may include the substitution item with your order, and if you are not happy with this replacement, you may reject it at the time of receiving. Please note that we reserve the right to limit your order or the quantity of a particular product you may order.

Order Shipping and returns:

Your order will be carefully packed to help ensure product quality. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items. We will make every effort to have your order shipped to you in 1-3 days after received your payment. Please note that we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.

At the time of receiving your order, you will have the ability to reject any substitutions and to remove items from the order.  You will only be charged for the actual items purchased. You can also choose to pay by using the credit card provided at the time of submitting the order (if one was provided), another credit card, or any method of payment accepted by us.

Verification and Communications:

All orders are subject to verification at any time and for any reason.  We reserve the right, in our sole discretion, to require proof of identity prior to completing the transaction: (1) for the purposes of verifying the legitimacy of any order or other information; and/or (2) for any other reason we deem necessary, in our sole discretion, for the purposes of fulfilling an order in accordance with these Terms.

Without limiting the generality of these Terms, we reserve the right to limit or refuse any order you place with us.  Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms.  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 account, the same credit card, and/or orders that use the same billing address.  Not all products available in store may be available online.

We reserve the right to contact you via your preferred method of communication selected at the time you set up your account for matters related to your order such as substitutions, availability of the product or to let you know the order is canceled. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.

Promotions:

We may make various promotional offers from time to time on our Website.  Offers and/or promotions on the Sites are based on your selected products and dates. Some offers may be informational, web-based only. We suggest you review the guidelines associated with each special offer, as they will differ and may include restrictions such as limits and expiration.  If you redeem any coupon or gift cards, this will be reflected at checkout and is subject to validation of any redemption requirements.

All promotions and advertisements on the Sites are invitations to purchase and not offers to sell. We reserves the right, at our sole discretion, to accept or reject an order once the order form has been completed and submitted in the event we have inadvertently made a typographical error on any coupon or special offer.

We may also offer our Customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us.  In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.

Manufacturers’ coupons and warranties are the responsibility of the individual manufacturers.  Coupons offered by the manufacturers may each have relevant information about the duration and limitations of the coupon.

Safe Shopping:

Your safe and secure online shopping experience is our top priority.  As such, we routinely monitor the Sites for suspicious activity.  However, the transmission of data or information over the internet or other forms of networks may not be secure and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Sites, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information).  In no event will the information you provide on or through the SiteS be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

Use of the Website and Websit Material:

Except as expressly stated therein, the Sites is provided for your personal, commercial use and you may not copy material from the Sites for commercial use. You may copy material in limited quantities from the Sites for your personal non-commercial use provided that our copyright and/or trade-mark notice(s) remain affixed to the copied material.  We reserves the right to restrict your use of  the Sites at any time, which may include  terminating your permission to make personal copies of material from the Sites and/or suspending/cancel your account

You are prohibited from using the Sites to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Sites and reserves the right to delete any material we deem inappropriate.  However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Sites.

Ownership of Intellectual Property:

We or our third party licensors or manufacturers own the copyright to all material on and from the Sites. Notwithstanding any other term or condition in these Terms, we, or the applicable third party licensor, or manufacturer retains ownership to the copyright in the Sites and all material on and from the Sites.

The Trademarks on the Sites are protected from copying or reproduction under national and international trademark and copyright laws and nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary rights. Therefore the use of the Trademarks is strictly prohibited. All rights reserved.

DISCLAIMER:

THE MATERIAL PROVIDED ON THE SITES AND THE PRODUCTS OFFERED ON THE SITES BY US ARE PROVIDE “ AS IS”  OR  “AS AVAILABLE “ BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER WE ,ANY OF OUR AGENTS,NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF THE SITES, ANY MATERIAL FROM THE SITES, OR ANY PRODUCTS OFFERED ON THE SITES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

WE MAKE NO REPRESENTATION OR WARRANTY THAT: (1) THE SITES WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (2) THE SITES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (3) THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (4) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (5) THE USE OF THE SITES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (6) THE USE OF THE SITES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITES. YOU EXPRESSLY ACKNOWLEDGE THAT WE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Termination:

If you breach any provision of these Terms you may no longer use the Website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Sites or any part thereof, any of its features, or any products offered on the Sites, at any time, for any reason, without any notice or liability to you or any other entity.  If these Terms or your permission to use the Sites is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Sites and anything relating to or arising from such use. If you are dissatisfied with the Sites or with these Terms, then your sole and exclusive remedy is to discontinue using the Sites.

Links:

Reference on this site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and does not make any representation regarding the content or accuracy of material on such sites. If you decided to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Applicable Law:

For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada govern any use of the Sites, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of the Sites or material from the Sites. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

For residents of Quebec, you agree that the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, govern any use of the Sites, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of the Sites or material from the Sites.

Severed Provisions and Entire Agreement:

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

This is the entire agreement between the parties relating to the subject matter.

Pricacy:

Without limiting the generality of these Terms, your use of the Sites is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms.  Please carefully review our Privacy Policy.  By using the Website, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

This file was last modified on June 12, 2018.