Terms and Conditions of Use
Last updated: May 10, 2018
Table of Contents
- Privacy
- Electronic Communications
- Copyright
- Trademarks
- Patents
- License and Access
- Your Account
- Reviews, Comments, Communications, and Other Content
- Your Use of the Site
- Copyright Complaints
- Risk of Loss
- Returns, Refunds and Title
- Product Descriptions
- Pricing
- Tastes From Software Terms
- Other Businesses
- Disclaimer of Warranties and Limitation of Liability
- Applicable Law and Disputes
- For Quebec consumers:
- Indemnity
- Site Policies, Modification, and Severability
- Additional Tastes From Software Terms
- Use of Third Party Services
- No Reverse Engineering
- Updates
- Export Regulations
- Violation of These Terms of Use
Welcome to www.Tastesfrom.com (the "Tastesfrom.com Site"). Tastesfrom.com and/or its affiliates ("Tastesfrom.com") provide website features and other products and services to you when you visit or shop at the Tastesfrom.com site, use Tastesfrom.com products or services, use Tastesfrom.com applications for mobile, or use software provided by Tastesfrom.com in connection with any of the foregoing (collectively, " Tastesfrom.com Services"). Tastesfrom.com provides the Tastesfrom.com Services subject to the following conditions.
By using Tastesfrom.com Services, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Please read them carefully.
We offer a wide range of Tastesfrom.com Services, and sometimes additional terms may apply. When you use a Tastesfrom.com Service, you also will be subject to the guidelines, terms and agreements applicable to that Tastesfrom.com Service.
Privacy
Please review our Privacy Policy, which also governs your use of the Tastesfrom.com Services, to understand our practices.
Electronic Communications
When you use any Tastesfrom.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Tastesfrom.com site or through other Tastesfrom.com Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any Tastesfrom.com Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Tastesfrom.com or its content suppliers and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Tastesfrom.com Service is the exclusive property of Tastesfrom.com and protected by Canadian and international copyright laws.
Trademarks
Click here to see a non-exhaustive list of Tastes From trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tastesfrom.com services are trademarks or trade dress of Tastesfrom.com, Inc., or its affiliates, in the United States and other countries. Tastesfrom.com, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Tastesfrom.com, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tastesfrom.com, Inc. or its affiliates. All other trademarks not owned by Tastesfrom.com, Inc. or its affiliates that appear in any Tastesfrom.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tastesfrom.com or its affiliates.
Patents
One or more patents owned by Tastesfrom.com apply to the Tastesfrom.com Services and to the features and services accessible via the Tastesfrom.com Services. Portions of the Tastes From Services operate under license of one or more patents.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Tastesfrom.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Tastesfrom.com Services. This license does not include any resale or commercial use of any Tastesfrom.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Tastesfrom.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Tastesfrom.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Tastesfrom.com Service, nor any part of any Tastesfrom.com service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Tastesfrom.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tastesfrom.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tastes From. CA’s name or trademarks without the express written consent of Tastesfrom.com. You may not misuse the Tastesfrom.com Services. You may use the Tastesfrom.com Services only as permitted by law. The licenses granted by Tastesfrom.com terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Account
If you use any Tastesfrom.com Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tastesfrom.com does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Tastesfrom.com Services only with involvement of a parent or guardian. Tastesfrom.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tastesfrom.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tastesfrom.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Tastesfrom.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tastesfrom.com for all claims resulting from content you supply. Tastesfrom.com has the right but not the obligation to monitor and edit or remove any activity or content. Tastesfrom.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tastes From reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tastes From server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tastes From, including any Tastes From account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tastes From’s systems or networks, or any systems or networks connected to the Site or to Tastes From.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tastes From on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tastes From or others.
Copyright Complaints
Tastesfrom.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you can use our online form on the Contact Us page to get in touch with us.
Risk of Loss
Risk of loss and title for items purchased from Tastesfrom.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then the risk of loss and title pass to you when they clear customs.
Returns, Refunds, and Title
Tastesfrom.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Tastesfrom.com does not take title to the refunded item. For more information about our returns and refunds, please see our Sales and Returns Policy.
Product Descriptions
Tastesfrom.com attempts to be as accurate as possible. However, Tastesfrom.com does not warrant that product description or other content of any Tastesfrom.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Tastesfrom.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier or seller. We regularly check List Prices against prices recently found on the Tastesfrom.com site and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on the Tastesfrom.com site.
With respect to items sold by Tastesfrom.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Tastes From Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Tastesfrom.com Services (the "Tastes From Software").
Other Businesses
Parties other than Tastesfrom.com operate stores, provide services, or sell product lines through the Tastesfrom.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Tastesfrom.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE Tastesfrom.com SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Tastes From SERVICES ARE PROVIDED BY Tastesfrom.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Tastesfrom.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Tastesfrom.com SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Tastesfrom.com SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Tastesfrom.com SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Tastesfrom.com DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Tastesfrom.com DOES NOT WARRANT THAT THE Tastesfrom.com SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Tastesfrom.com SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM Tastesfrom.com SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tastesfrom.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Tastesfrom.com SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Tastesfrom.com SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Tastesfrom.com Service, or to any products or services sold or distributed by Tastesfrom.com or through Tastesfrom.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
For Quebec consumers:
These Conditions of Use and any dispute of any sort that might arise between you and Tastesfrom.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Indemnity
You agree to indemnify and hold Tastes From, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tastes From by any third party due to or arising out of or in connection with your use of the Site.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on the Tastesfrom.com site. These policies also govern your use of Tastesfrom.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Tastes From Software Terms
Use of the Tastes From Software. You may use Tastes From Software solely for purposes of enabling you to use and enjoy the Tastesfrom.com Services as provided by Tastesfrom.com, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Tastes From Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Tastes From Software or otherwise assign any rights to the Tastes From Software in whole or in part. You may not use the Tastes From Software for any illegal purpose. We may cease providing any Tastes From Software and we may terminate your right to use any Tastes From Software at any time. Your rights to use the Tastes From Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Tastes From Software that are specifically identified in related documentation may apply to that Tastes From Software (or software incorporated with the Tastes From Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Tastes From Service is the property of Tastesfrom.com or its software suppliers and protected by Canadian and international copyright laws.
Use of Third Party Services.
When you use the Tastes From Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Tastes From Software, whether in whole or in part or create any derivative works from or of the Tastes From Software.
Updates.
In order to keep the Tastes From Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations.
You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the Tastes From Software.
Violation of These Terms of Use
Tastes From may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tastes From’s rights or property, or the rights or property of visitors to or users of the Site, including Tastes From’s customers. Tastes From reserves the right at all times to disclose any information that Tastes From deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tastes From also may disclose your information when Tastes From determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Tastes From may preserve any transmittal or communication by you with Tastes From through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Tastes From determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Tastes From, its employees, users of or visitors to the Site, and the public.
You agree that Tastes From may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Tastes From, for which monetary damages would be inadequate, and you consent to Tastes From obtaining any injunctive or equitable relief that Tastes From deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tastes From may have at law or in equity.
You agree that Tastes From may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Tastes From does take any legal action against you as a result of your violation of these Terms of Use, Tastes From will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tastes From. You agree that Tastes From will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.