Terms & Conditions

These terms and conditions of use (the “Terms”) apply to the www.sofinafoods.com website (the “Site”), which is owned and operated by Sofina Foods Inc. and its subsidiaries and affiliates (“we”, “us” and “our”)

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES.

By using the Site, you agree to these Terms. If you do not agree to be bound by each and every term and condition set out below, or if any representation made by you below is not true, you may not use, and must immediately cease accessing the Site.

Use of Site and Material

Sofina Foods Inc. authorizes you to view, download e-mail and print the content, information, creative and/or materials on the Site ("Materials") only for your personal, non-commercial use, provided that all Sofina Foods Inc.’s copyright and other proprietary notices contained in the Materials or copies of the Materials are maintained and visible in such Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other Site or networked computer environment for any purpose is prohibited without the written consent of Sofina Foods Inc. The Site and all Materials are owned and copyrighted by Sofina Foods Inc. or our licensors, and is licensed to you in accordance with these Terms. The trade marks, logos, and service marks displayed on or through the Site are the property (whether registered or unregistered) of Sofina Foods Inc., its licensors or other third parties. The Materials may be subject to copyright and other intellectual property rights and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. All rights not expressly granted are reserved. The use of the Sofina Foods Inc. name, logo or trademark of Sofina Foods Inc. or any other name, logo or trademark of Sofina Foods Inc. ("Trademarks"), other than expressly provided for by the Terms, is strictly prohibited. If you breach any of the Terms, your authorization to use this Site and the Materials automatically terminates and you must immediately destroy any downloaded or printed Materials.

Acceptable Use and Prohibitions

In addition to any other terms or conditions regarding your use of the Site in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Site from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms.

Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:

(i) you only use the Site for lawful purposes; and

(ii) if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Site, directly or indirectly do or permit any of the following:

a) scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;

b) forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Site;

c) impersonate or falsely represent your association with any person, including a representative of us;

d) disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;

e) disable or circumvent any access control or related process or procedure established with respect to the Site;

f) sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, any Site, except where expressly authorized by us;

g) harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or

h) harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Site or to extract data, collect information or otherwise interact with the Site.

User Submissions

Except as provided in the Privacy Policy, any Material, personal information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Sofina Foods Inc. will have no obligations with respect to the Communications. Sofina Foods Inc., and its designees, will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sound, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any Material that would infringe the copyright or other intellectual property rights of another party if used without that party's permission, or that includes software that contains a virus, defect or other harmful or other disruptive component. By transmitting any Communication to this Site, including but not limited to e-mail, web-based form submission, file uploads (including resumes) and Communications posted to chat rooms, bulletin boards or other user forums, you waive all moral rights or other similar rights world-wide in those Communications. Sofina Foods Inc. will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Links To Other Sites

Links to third party Sites on this Site are provided solely as a convenience to you. If you use these links, you may leave this Site. Sofina Foods Inc. does not endorse or make any representations or warranties about these Sites, or any information, software or other products or Materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Sites linked to this Site, you do this entirely at your own risk.

Advertising

Sofina Foods Inc. shall have the right, without notice, to insert advertising data into the Site, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Site, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.

Disclaimer

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

Sofina Foods Inc. does not warrant the accuracy, timeliness or completeness of the Materials, including information regarding products, programs or services. Sofina Foods Inc. may make changes to the Materials or to the products and services described at any time without notice.

Limitation of Liability

IN NO EVENT WILL SOFINA FOODS INC. AND THEIR SUPPLIERS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, DATA, REVENUE OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER FOR NEGLIGENCE OR GROSS NEGLIGENCE, WHETHER OR NOT REASONABLY FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Laws

This Site is administered by Sofina Foods Inc. from its offices in Markham, Ontario, Canada. Sofina Foods Inc. makes no representation that Materials on this Site are appropriate or available for use and access to them from territories where their content is illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Canadian and U.S. export laws and regulations. If you choose to access this Site, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws; you agree that the provincial and federal courts in the Province of Ontario have exclusive jurisdiction over any matter related to these Terms or your use of this Site.

Privacy Policy

You acknowledge that you have read the Privacy Policy located on the Site at http://www.sofinafoods.com/, as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in these Terms and such Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.

General

Sofina Foods Inc. may revise these Terms at any time by updating this posting. We will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest, fully-amended version of these Terms are published on the Site. You are responsible for regularly visiting this page from time to time to review the then-current Terms because they are binding on you. If any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing to use the Site.

Sofina Foods Inc. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Materials, but we make no representation or warranties as the accuracy, correctness or reliability of the Materials.

Note: Anyone linking to Sofina Foods Inc. Site must comply with the Guidelines for Linking to Sofina Foods Inc. Site and all applicable laws.

Your use of the Site depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

Linking To Sofina Foods Inc.

If you would like to link to the Site, please read and comply with the following guidelines.

A site that links to the Site:

  • May link to, but not replicate, copy, display, distribute or communicate to the public, or otherwise use the Materials;
  • Must not create a browser or border environment around the Site or the Materials;
  • Must not imply that Sofina Foods Inc. is endorsing it or its products and services;
  • Must not misrepresent its relationship with Sofina Foods Inc.;
  • Must not present false information about Sofina Foods Inc.’s products or services;
  • Must not use the Trademarks without the prior express written permission from Sofina Foods Inc. Any use of Trademarks is subject to these Terms.
  • Sofina Foods Inc. retains the right to require the linking party to terminate the link at its sole discretion.
  • Must not contain content that could be construed as distasteful, offensive, controversial, or unlawful and should contain only content that is appropriate for all age groups.

Terms and Conditions Last Updated: February 4, 2019