Askawayrecipes Inc. Gift Card

TERMS AND CONDITIONS

Askawayrecipes Inc. c.o.b. as Askawayrecipes (the “Corporation”)

Askawayrecipes.ca (the “Website”) is an e-commerce website primarily selling various sauces (the “Products”) to be used in cooking recipes.  The Website also provides a number of cooking recipes to use in conjunction with the Products.   The Website is owned and operated by the Corporation, and the Products are sold by the Corporation through the Website.

PLEASE BE ADVISED THAT IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS OUTLINED HEREIN, YOU ARE NOT PERMITTED TO USE THE WEBSITE OR PURCHASE OUR PRODUCTS.  ANY USE OF THE WEBSITE OR PURCHASE OF THE PRODUCTS IS CONSIDERED EXPRESS CONSENT, BY YOU, OF THESE TERMS AND CONDITIONS.

1. SCOPE
   1. The Website is operated by the Corporation. The Corporation offers the Website, including all information, tools, products (including the “Products”) and services available from the Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
   2. By using the Website you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”). These Terms and Conditions apply to all users of the Website, including without limitation, anyone who (“User(s)”);
      1. uses the Website to purchase the Products;
      2. discloses personal information on the Website; and/or

• browses the Website.

1. Any new Products, features, or tools which are added to the Website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Website. The continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. GENERAL CONDITIONS
   1. We have the right to refuse Website access and to sell our Products to anyone for any reason at any time.
   2. You understand that your content 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.
   3. YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, OR RESELL ANY PORTION OF THE PRODUCT WITHOUT EXPRESS WRITTEN PERMISSION BY US.
   4. The headings used in this agreement are included for convenience only and do not form part of the Terms and Conditions.

3. USER REPRESENTATIONS AND WARRANTIES
   1. You represent and warrant that all information uploaded by you to the Website is accurate.
   2. You represent and warrant that you are eighteen (18) years of age or older.
   3. You represent and warrant that you will not reproduce, duplicate, copy, sell, or resell any portion of the Website or Product without express written permission by the Corporation.

4. LOGIN/PROFILE
5. Should you choose, you may create a login profile on the Website (the “Profile”).
6. You agree to only provide current, complete and accurate payment information as it relates to your Profile, and which you are authorized to disclose.   
7. You are responsible for maintaining the confidentiality of the password used to access your Profile. The Corporation is not under any obligation to verify the actual identity or authority of any user of a Profile. Corporation may rely on the authority of anyone accessing your Profile or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
8. You agree to notify the Corporation immediately if the confidentiality of your account or password is compromised. The Corporation has the right to take any actions that it deems reasonable if you Profile is compromised.
9. The Corporation may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

5. MONETARY TRANSACTIONS
   1. If you engage in purchasing the Products (whether or not you have created a Profile), you agree to provide current, complete and accurate personal and payment information (name, email/phone, shipping address, credit card). You agree that by Purchasing the Product(s) you are representing to the Corporation that you have the authority to provide any disclosed payment information or other personal information as may be required at the time of checkout.
   2. The Corporation utilizes third-party service providers to provide payment processing services. If you choose to purchase the Products through the Website, the credit card or other payment information you provide will be shared with our contracted third-party payment processing service provider(s).
   3. WE CANNOT GUARANTEE THE PRIVACY PRACTICES OF OUR THIRD-PARTY PAYMENT PROCESSING SERVICE PROVIDER(S) AND ADVISE YOU TO MAKE YOURSELF AWARE OF THE PRIVACY POLICIES OF ANY THIRD-PARTY PAYMENT PROCESSING SERVICES UTILIZED ON THE WEBSITE. THE THIRD PARTIES WE ARE CURRENTLY USING TO PROCESS PAYMENT ARE GOOGLE PAY, PAYPAL, AND SHOPIFY.

6. CHANGES IN PRICE AND MODIFICATION OF PRODUCTS
   1. Prices for our Products are subject to change without any specific notice to you. In the event of the change of prices of our Products, those amounts will be accurately reflected on the Website.
   2. We reserve the right at any time to modify or discontinue any Product (or any part or content thereof) without notice at any time.
   3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.
   4. We reserve the right, but are not obligated, to limit the sales of our Products to any person, corporation, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of the Corporation. We reserve the right to discontinue any Service at any time. Any offer of the Products made on the Website, is void where prohibited.

7. THIRD-PARTY TOOLS/LINKS
   1. Any third party tool which we provide, which we neither monitor nor have any control nor input, including but not limited to; “Google Pay”, “PayPal”, “Shopify”, etc., you acknowledge and agree that we provide access to such 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 third-party tools on the Website.
   2. Any use by you of third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with, and approve of the terms and conditions, of the third-party tools on the Website.
   3. We may also, in the future, offer new third-party tools, resources, services and/or features through the Website. Such new features and/or services shall also be subject to these Terms and Conditions.
   4. Third-party links on the Website may direct you to third-party websites that are not affiliated with the Website. 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.
   5. 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.

8. ERRORS AND OMISSIONS
   1. Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, data, and other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information about the Products or on any related website is inaccurate at any time without prior notice.
   2. No amendment to the description of the Products or price of the Products on any related website or other third-party website, should be relied upon. Only Product and price changes on the Website should be relied upon by the Users, unless otherwise provided for in writing by the Corporation.

9. PROHIBITED USES
   1. You may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content on the Website or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited.
   2. In addition to the prohibitions as set forth above and otherwise in the Terms and Conditions, you are further prohibited from using the Website or its content:
      1. for any unlawful purpose;
      2. to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

1. to infringe upon or violate the Corporation’s intellectual property rights or the intellectual property rights of others;
2. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
3. to submit false or misleading information;

• 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 Website or of any third-party website, other websites, or the Internet;
• to collect or track the personal information of others;

1. to spam, phish, pharm, pretext, spider, crawl, or scrape;
2. for any obscene or immoral purpose; or
3. to interfere with or circumvent the security features of the Website, any third-party websites, any other websites, or the Internet.

We reserve the right to terminate your use of the Website and refuse to sell you our Products for violating any of the prohibited uses.

10. LIMITATION OF LIABILITY
    1. USE OF THE WEBSITE. IN NO CASE SHALL THE CORPORATION, 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, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT INCLUDING INGREDIENTS, ANY FALSE OR MISLEADING INFORMATION, ANY DAMAGE TO PERSONAL PROPERTY, ANY BODILY HARM, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT/DATA POSTED, TRANSMITTED, HACKED, STOLEN OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR DUE TO YOUR USE OF THE WEBSITE.
    2. PURCHASE/USE OF THE PRODUCT(S). IN NO CASE SHALL THE CORPORATION, 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, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR PURCHASE AND/OR USE OF THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR PURCHASE AND/OR USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT INCLUDING INGREDIENTS, ANY FALSE OR MISLEADING INFORMATION, ANY DAMAGE TO PERSONAL PROPERTY, ANY BODILY HARM, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PURCHASE AND/OR USE OF THE PRODUCTS.
    3. If some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability will be limited by the maximum amount permitted by law.

11. INTELLECTUAL PROPERTY
    1. Permission by the Corporation for your use of the Website and purchase of the Products, does not constitute any conveyance of any of the intellectual property or intellectual property rights of the Website or Products. Without limiting any other rights or remedies available to the Corporation in law or in equity, you acknowledge and agree that the breach by you of any of the intellectual property rights of the Corporation, would cause serious and irreparable harm to the Corporation, which could not adequately be compensated for in damages and, in the event of a breach by you of any of such provisions, you hereby consent to an injunction being sought against you, restraining you from any further breach of such provision, in addition to any other remedies permitted by law.

12. SHIPPING
    1. Shipping charges will apply unless otherwise indicated on the Website.
    2. All purchased Products are final sales once they leave our facility.
    3. Refunds or exchanges are permitted at the sole discretion of the Corporation, acting reasonably.   
    4. The Corporation is not liable for any damage to the Products that occur during transit, of which it did not have direct possession or control over the Product. For clarity, the use of a third party to deliver the Products does not constitute direct possession or control by the Corporation.
    5. Shipping charges will always be noted in your cart and during checkout. We show an estimated shipping cost in your cart as you add or remove items. This estimate is based on our lowest-price shipping method and assumes all items in your cart are going to a single address within Canada. Certain items we offer do carry associated shipping charges either per item or per order amount. Some remote areas of Canada can only be serviced by air delivery. In these cases, free shipping is not available and extra shipping charges may apply.

13. INDEMNIFICATION
    1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CORPORATION, ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, FROM ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGE, LOSS, COSTS, LIABILITY OR EXPENSE, AS A RESULT OF OR ARISING OUT OF YOUR USE OF THE WEBSITE OR BREACH OF THESE TERMS AND CONDITIONS.

14. SEVERABILITY
    1. Each provision of the Terms and Conditions shall constitute a separate and distinct covenant and shall be severable from all other such separate and distinct covenants contained in the Terms and Conditions. If any provision of the Terms and Conditions as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable, the same shall, as to that jurisdiction, be ineffective to the extent of the invalidity or unenforceability and shall be severed from the balance of this Agreement and shall in no way affect any other provision of this Agreement, the application of such provision in any other circumstances or jurisdiction, or the validity or enforceability of this Agreement.

15. TERMINATION OF THE AGREEMENT
    1. The obligations and liabilities of the parties incurred due to the Terms and Conditions shall survive the termination of your use of the Website and/or your purchase of the Products.

16. PRIVACY TERMS
    1. We collect personal data including but not limited to, name, address, postal/zip code, telephone number, email, etc. (“Personal Data”).
    2. We collect technical data including but not limited to, device use, web browser, IP address, metrics, personal websites, corporate information and logs (“Technical Data”).
    3. You consent to the following use for Any Personal Data and Technical Data collected from you:
       1. improving our Products and the Website;
       2. contacting you directly about relevant business and technical information;

• contacting you directly for administrative and customer service purposes;

1. contacting you for promotional purposes;
2. informing the Corporation’s business decisions for the Products and future endeavors; and
3. aggregating (publicly and privately) to provide insights to the industry.

1. You acknowledge and consent to the use of third party data collection tools on the Website collecting your data, including but not limited to, Google ReCaptcha, Google Analytics, and Facebook Pixel.
2. IN NO CASE SHALL THE CORPORATION, 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 ANY UNINTENDED BREACH OR DISCLOSURE OF PERSONAL DATA OR TECHNICAL DATA TO ANY THIRD PARTY OR PUBLICLY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY UNINTENDED BREACH OR DISCLOSURE OF YOUR PERSONAL DATA OR TECHNICAL DATA, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CORPORATIONS’ OR WEBSITES’ SECURITY MEASURES, FIREWALLS, ENCRYPTION, OR OTHER DATA PROTECTION MEASURES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE UNINTENDED BREACH OR DISCLOSURE OF YOUR PERSONAL DATA OR TECHNICAL DATA THEREOF, RESULTING IN PERSONAL DATA OR TECHNICAL DATA BEING LEAKED, POSTED, TRANSMITTED, HACKED, STOLEN, MADE AVAILABLE PUBLICLY OR TO ANY THIRD-PARTIES IN ANY FORM, OR BEING EXPLOITED IN ANY WAY.

17. GENERAL LEGAL TERMS
    1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    2. These Terms and Conditions and any policies or operating rules posted by us on the Website or in respect to the Products, constitutes the entire agreement and understanding between you and the Corporation and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Corporation (including, but not limited to, any prior versions of the Terms and Conditions).
    3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
    4. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario and shall be treated, in all respects, as an Ontario contract. Each Party to this Agreement irrevocably attorns to and submits to the jurisdiction of the Courts of Ontario with respect to any matter arising under or relating to this Agreement.
    5. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of the Website or the purchase of the Products, following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. For clarity, the Terms and Conditions available on the Website at the time of the purchase of a Product(s) will be the terms and conditions applicable to that particular Product(s), even if the Terms and Conditions change before your receipt or use of the Product(s).