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Terms of use of Aliments Mackenzie inc.

Effective as of April 9th 2020

Introduction

Welcome to www.faimuseau.com a site owned and operated by Mackenzie Pet Food (“MPF”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE VISITING OR USING THE SITE AS YOUR VISIT OR USE OF THE SITE IS SUBJECT TO THIS AGREEMENT.

Object and acceptance

These Terms of Use set out your and MPF’s obligations with respect to your access to and use of the Site. By accessing or using the Website, you accept these Terms of Use and accept that is legally binding you and MPF from the time you access or use the Website. If you are under 14 years of age or if you do not agree with each provision of these Terms of Use, you are not authorized to access or use the Website.

By using or accessing the Site, you confirm that you have read and understand these Terms of Use and expressly agree to be bound by and comply with these Terms of Use and to abide by all applicable laws and regulations governing the Site. If you do not agree to these Terms of Use, you must stop using the Site.

Definitions

Unless the context dictates otherwise, when used in these Terms of Use, the following terms mean :

“Terms of Use”: All of the provisions contained in this document as well as any changes that may be made to them in the future;

“Content”: Any information, text, image, video, document or data published or disseminated through the Site;

“Document”: Any file in any format and on any medium whatsoever accessible on the Site;

“Data” means any information created, generated, communicated or maintained in connection with access to and use of the Site or otherwise in connection with the performance of these Terms of Use.

“We/us/our” (with or without capitalization) or “MPF” or the “Company”: These terms refer to Mackenzie Foods, also doing business as Faim Museau, a Quebec corporation, whose principal place of business is in Bromont, Quebec, Canada;

“Policy”: All policies issued by the Company, including but not limited to the Privacy Policy;

“Products”: any animal feed product as well as any other Faim Museau branded product or any other brand sold by us on the Site;

“Website or Site”: the whole of the Website accessible at the URL www.faimmuseau.com including in particular the online shop as well as the pages dedicated to the parameters of Users’ accounts;

“User(s)”: Any person accessing or using the Site, including you;

“You/your/yours” (with or without capitalization): These terms refer to you specifically;

User account and logins

To create a user account on the Site, you must complete the registration form on the Site. MPF reserves the right to accept or decline the creation of your user account. You will be required to create a username and password to identify yourself when logging onto the Site.

You agree not to impersonate any person, not to create a false identity and to update the information provided in case of modification. In addition, you will not create an account for anyone other than yourself, provide any email address that you do not own, or create multiple accounts.

You are responsible for maintaining the confidentiality and security of your access code and password allowing you to connect to your user account (the “Identifiers“). You must maintain the security and confidentiality of your Identifiers at all times and not disclose them to anyone or allow anyone else to use them. You must ensure that any use of the Identifiers is in accordance with these Terms of Use. Once you have accessed the Site using Identifiers, you will not leave the computer device or terminal used to access the Site without logging out and closing the browser window.

MPF has no obligation to verify the true identity or authority of any person using Identifiers to access and use the Site. MPF will be able to act upon and comply with any communication made or instructions given in connection with the use of the Identifiers. Any access to or use of the Identifiers will be deemed to have been made by the actual account holder associated with the Identifiers. However, Mackenzie Foods may, in its sole discretion, verify the identity of any person seeking to access and use the Site.

You will notify us immediately by sending a message to this effect to support@faimmuseau.com if you know or suspect that your Identifiers have been lost, stolen, are known to another person or are being used by another person.

User account deletion

MPF may, in its discretion, at any time, without prior notice or liability to you or any other person, delete your user account. In such event, MPF will nonetheless endeavour to provide you with prior notice. Such deletion will occur, among other things, if you fail to comply with this agreement, if you use the Site or the Products in an improper or unlawful manner or if termination is necessary to prevent or avoid harm to any third party.

In addition, you can delete your user account directly on the Site in the “My Account” section. In this case, your user account will cease to be accessible immediately. Following the termination date, MPF may retain your user account information for a period of time in order to administer its obligations and responsibilities.

If your user account is terminated for any reason, this agreement and any other then existing agreements between you and MPF will continue to apply and be binding upon you regarding your access to and prior use of the Site.

Assignment

MPF may assign its rights and obligations hereunder. You may not assign your rights and obligations hereunder or the privileges granted to your user account in any form.

Rights to use the site

In consideration of your acceptance of these Terms of Use, you are authorized to access and use the Site (including any Products or services accessible through it, if applicable) in accordance with the access rights granted to you under your user account; and, in accordance with the terms of this agreement and applicable laws.

Prohibitions

Users must refrain from any action that may affect the accessibility, security, integrity and functionality of the Site and refrain from any attempt to gain unauthorized access to other Users’ Data.

Any use for republication/distribution, resale or rental is prohibited.

You are only authorized to use the information made available and generated through the Site in accordance with these terms and conditions.

Communications to the User

When you create a user account giving you access to the Site, you confirm that the e-mail address you provide as well as your user account itself are and will at all times be active addresses to which you agree to receive documents and information intended for you as well as our offers and promotions that will be sent to you as part of your access to or use of the Site. You agree that the transmission of a document to this address or to your user account entails a presumption of receipt by you.

Service Availability

MPF aims to ensure the highest possible availability of the Site, but cannot guarantee uninterrupted access and availability. MPF reserves the right to interrupt the availability of the Website, including but not limited to the following:

  • For the purposes of maintaining the Website, including updates;
  • For the improvement and installation of new functionalities;
  • For the verification and audit of the proper functioning and use of the Website;
  • In the event of a breakdown or risk of breakdown.

Intellectual property

The Site is the exclusive property of MPF (including headers, graphics, icons, text and the presentation, arrangement, coordination, image enhancement and all other information contained in the text, graphics, audio and video clips, images, icons, software, designs, applications, documents, data and other materials available on or through the Site).

As well, certain names, domain names, words, phrases, logos, icons, or designs appearing on the Site are the property of MPF.

The Company’s trademarks are protected by Canadian and international copyright, trademark and other applicable laws. The use of the Site does not confer upon you any title of ownership or license to use for any purpose other than as provided in these Terms of Use for any item found on the Site. Under no circumstances may you modify or create derivative works from the content to which you have access on the Site.

Personal information

By accepting these Terms of Use and each time you use the Site, you consent to MPF’s collection, use and disclosure, if any, of your personal information in accordance with the Act respecting the protection of personal information in the private sector and its Privacy Policy. MPF may change its Privacy Policy at any time and may notify you by posting a notice on the Site.

MPF will notify you immediately in the event of any incident that may involve the privacy or security of your data or documents, including any act of piracy by a third party. In such an event, you agree to take all necessary steps to minimize any harm that may result.

Terms and conditions of sale

Restrictions

The User agrees not to provide any services involving the Products without first entering into a separate written agreement with MPF.

Product orders

MPF aims to ensure the availability of the Products offered on the Site, but cannot guarantee their availability at all times. MPF reserves the right to discontinue the purchase and sale of Products on the Site, including, but not limited to, the following:

  • The Product is out of stock, in which case it will be made available as soon as it returns to the market;
  • If we wish to modify the Product or any of its components;
  • If the Product has been withdrawn or substituted from the market by Mackenzie Foods or its supplier;

Also, MPF reserves the right to discontinue the sale of any Product displayed on the Site at any time without notice.

The prices of the Products are those displayed on the Site. These prices do not include delivery charges or sales taxes, if any, which will be added to the total amount of your invoice. It is your responsibility to pay the delivery charges as well as the taxes that apply to your order as well as the charges for the return of the Product, if applicable. MPF reserves the right to change the prices of Products displayed on the Site without notice.

The applicable delivery charges are based on the delivery method you have chosen and the delivery address you have provided, as mentioned in the FAQ section at the following link: https://faimmuseau.com/en/faq/. Delivery charges are subject to change without notice.

Although our goal is to provide an error-free Site, we cannot guarantee 100% accuracy or completeness of the content. When a pricing error is found, it will be corrected on the Site, and the corrected price will apply to your order. MPF reserves the right to cancel any order and/or offer and to correct any errors, inaccuracies or omissions, even after an order has been placed and accepted.

Place an order. You may purchase the Products displayed in the Online Store section of the Site by placing an order in accordance with the terms and conditions of sale set forth herein. You will be asked to confirm your final order before submitting it. It is your responsibility to ensure the accuracy of your order, including the description of the Product(s) selected and your billing information. It is your responsibility to correct any errors or inaccuracies in your order. Once you have submitted your final order, you will receive an electronic confirmation of your order and an itemized invoice from MPF. Orders placed through the Site will not be binding on MPF until we have accepted and processed that order and you have received an order confirmation from us. We reserve the right, without notice, to limit the quantity of any Product.

Pricing. All prices and other amounts displayed on the Site are expressed in Canadian dollars for the Canadian territory and are subject to applicable taxes, duties and shipping charges.

Refunds and returns. All purchases of Products from the Online Store will be processed in accordance with the FAQ section at the following link: https://faimmuseau.com/en/faq/.

Shipping and delivery. MPF will ship the Products ordered by you from the Site to the address indicated on the order confirmation, subject to the terms and conditions set out in the FAQ section at https://faimmuseau.com/en/faq/.

Some restrictions may apply due to the address provided. Items in the same order cannot be delivered to more than one address. MPF reserves the right not to deliver to certain areas of Canada.

Disclaimer of liability : Use of the Website

MPF MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OR ACCURACY OF THE INFORMATION OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND PRODUCTS ARE SOLD BY MPF ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MPF FURTHER DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION AT THIS SITE, FOR ANY ACTION TAKEN OR NOT TAKEN BY THE USER IN CONNECTION WITH THIS SITE, FOR ANY DAMAGE TO THE USER’S COMPUTER EQUIPMENT OR DATA, OR FOR ANY OTHER DAMAGE SUFFERED BY THE USER IN CONNECTION WITH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME USERS MAY NOT BE COVERED BY THE ABOVE EXCLUSION.

Disclaimer: Products purchased on the site

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR PRODUCTS AND SERVICES LISTED ON OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL LIABILITY ARISING FROM IMPROPER USE OR MISUSE OF PRODUCTS, PRODUCT MODIFICATIONS, IMPROPER PRODUCT SELECTION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE INAPPLICABLE TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW.

Indemnification

User agrees to indemnify, defend and hold harmless MPF and each of its respective advertisers, agents, officers, suppliers, directors, shareholders, employees, service providers and other contractors (collectively, the “Indemnified Parties of MPF”) from and against any and all losses, expenses, damages, costs, liabilities, claims or demands of any third party (including, without limitation, (a) your (or other users of your account) visit to or use of the Site and/or the Products (including, without limitation, your or other users’ access to the Site or other content or materials on third party websites), including, without limitation, reasonable legal, accounting and auditory fees, incurred or paid by the Indemnified Parties of MPF; (b) your violation or breach of these Terms of Use (including, without limitation, any representation or warranty contained in this agreement) with respect to any activity related to your use of the Site. You shall assist and co-operate with the Indemnified Parties of MPF to the fullest extent reasonably possible. The Indemnified Parties of MPF shall have the right, but not the obligation, to participate with lawyer of their choice in any defense of any claim that you may have to defend or indemnify the Indemnified Parties of MPF from and against any claim that you may have to defend or indemnify the Indemnified Parties of MPF from and against (the “Claim”). You may not settle a Claim without the prior written permission of the Indemnified Parties of MPF.

Amendments

The Company may amend these Terms of Use from time to time and notify you by a notice to that effect published on the Site or sent to the email address associated with your User account. Your access to or use of the Site following such publication or transmission of the notice will confirm that you agree to be bound by the Terms of Use as amended. If you do not agree to the modifications made, you must cease all use of and access to the Site.

External links

The Policies referred to in this Agreement form an integral part of this Agreement and are binding on the parties.

Applicable laws and dispute resolution

These Terms of Use, your access to and use of the Site and any related matters are governed by the laws applicable in Quebec. Any dispute between you and the Company arising out of or relating to your access to and use of the Site or concerning the validity, interpretation or application of these Terms of Use, as well as any related matter, shall be submitted exclusively to the competent Quebec court of law sitting in the District of Quebec, Province of Quebec.

Complete agreement

These Terms of Use supersede any other agreement, written or oral, that may exist between you and the Company regarding access to and use of the Site.

Contact us

If you have any questions, comments, complaints or concerns regarding these Terms of Use, we invite you to communicate with us to the attention of “Customer Support” by email at support@faimmuseau.com or by telephone at 1-888-855-9622.