I Miss Montreal Food

I Miss My Food’s Terms of Use Agreement 

By using the imissmyfood.com web site (“imissmyfood” or the “Site”), a service of I Miss My Food Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of imissmyfood, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on June 1, 2021 for current users and upon acceptance for new users. 

I Miss My Food is a Venue 

imissmyfood acts as a venue to allow users who comply with imissmyfood‘s policies to offer, sell, and buy certain food and related goods. imissmyfood is not directly involved in the transaction between buyers and sellers. As a result, imissmyfood has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. imissmyfood does not pre-screen users or the content or information provided by users. imissmyfood cannot ensure that a buyer or seller will actually complete a transaction. 

Consequently, imissmyfood does not transfer legal ownership of items from the seller to the buyer.  imissmyfood encourages you to communicate directly with potential transaction partners through the tools available on the Site. 

You agree that imissmyfood is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on imissmyfood. You use the imissmyfood service at your own risk. 

imissmyfood does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates. 

Membership Eligibility 

Age: imissmyfood‘s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities. 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by imissmyfood‘s policies as stated in the Agreement and imissmyfood‘s Privacy Policy. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify imissmyfood of any unauthorized use of your password or any breach of security. You also agree that imissmyfood cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your I Miss My Food’s account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: imissmyfood‘s services are not available to temporarily or indefinitely suspended imissmyfood members. imissmyfood reserves the right, in imissmyfood‘s sole discretion, to cancel unconfirmed or inactive accounts. imissmyfood reserves the right to refuse service to anyone, for any reason, at any time. 

Imissmyfood E-gift Cards 

imissmyfood e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in imissmyfood.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in CAD dollar denominations of $50, $100. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on imissmyfood. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with imissmyfood standard payment policies. E- Cards cannot be used to purchase other E-Cards. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other imissmyfood Users’ accounts), (c) reload E-Cards.  E- Cards are not currency, and do not have cash value outside of imissmyfood. imissmyfood is not responsible for any unauthorized use of an E-Card. 

Listing and Selling 

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with imissmyfood’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your imissmyfood shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. 

Shop Policies: All sellers are urged to outline shop policies for their imissmyfood shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with imissmyfood‘s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. imissmyfood reserves the right to request that a seller modify a shop policy. 

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. 

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale, misrepresent the item’s location, or use another user’s account without permission. 

Prohibited Activities 

You are solely responsible for your conduct and activities on and relating to imissmyfood and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on imissmyfood. Restricted Activities: Your Content and your use of imissmyfood shall not: 

  1. Be false, inaccurate or misleading 
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items 
  3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy 
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) 
  5. Contain items that have been identified as hazardous to consumers and therefore subject to a recall 
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including imissmyfoodm staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device 
  7. Be obscene or contain child pornography 
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information 
  9. Host images not part of a listing 
  10. Link directly or indirectly, reference or contain information about goods or services offered external to imissmyfood. 
  11. Modify, adapt or hack imissmyfood or modify another website so as to falsely imply that it is associated with imissmyfood 
  12. Appear to create liability for imissmyfood or cause imissmyfood to lose (in whole or in part) the services of I Miss My Food ISPs or other suppliers 
  13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on imissmyfood 

    Content 

    License: imissmyfood does not claim ownership rights in your Content. You grant imissmyfood a license solely to enable imissmyfood to use any information or Content you supply imissmyfood with, so that imissmyfood is not violating any rights you might have in that Content. You grant imissmyfood a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow imissmyfood to store or re-format your Content on imissmyfood and display your Content on imissmyfood in any way as imissmyfood chooses. imissmyfood will only use personal information in accordance with imissmyfood Privacy Policy. 

    As part of a transaction, you may obtain personal information, including email address and shipping information, from another imissmyfood user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for imissmyfood-related communications. imissmyfood has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any imissmyfood user to your email or physical mail list. For more information, see imissmyfood‘s Privacy Policy. 

    Re-Posting Content: By posting Content on imissmyfood, it is possible for an outside website or a third party to re-post that Content. You agree to hold imissmyfood harmless for any dispute concerning this use. If you choose to display your own imissmyfood-hosted image on another website, the image must provide a link back to its listing page on imissmyfood. 

    Information Control 

    imissmyfood does not control the Content provided by users that is made available on imissmyfood. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. 

    Additionally, there may also be risks dealing with international trade and foreign nationals. By using imissmyfood, you agree to accept such risks and that imissmyfood (and imissmyfood’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on imissmyfood. Please use caution, common sense, and practice safe buying and selling when using imissmyfood. 

    Other Resources: imissmyfood is not responsible for the availability of outside websites or resources linked to or referenced on the Site. imissmyfood does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that imissmyfood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. 

    Resolution of Disputes and Release 

    In the event a dispute arises between you and imissmyfood, please contact imissmyfood. Should you have a dispute with one or more users, or an outside party, you release imissmyfood (and I Miss My Food officers, directors, agents, subsidiaries, joint ventures and employees) from any and all laims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. imissmyfood encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. 

    imissmyfood, for the benefit of users, may try to help users resolve disputes. imissmyfood does so in imissmyfood‘s sole discretion, and imissmyfood has no obligation to resolve disputes between users or between users and outside parties. To the extent that imissmyfood attempts to resolve a dispute, imissmyfood will do so in good faith based solely on imissmyfood‘s policies. imissmyfood will not make judgments regarding legal issues or claims. 

    Access and Interference 

    You agree that you will not use any robot, spider, scraper or other automated means to access imissmyfood for any purpose without imissmyfood‘s prior express written permission. Additionally, you agree that you will not: 
  1. Take any action that imposes, or may impose, in imissmyfood‘s sole discretion, an unreasonable or disproportionately large load on imissmyfood‘s infrastructure 
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of imissmyfood and the appropriate third party, as applicable 
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site 

    Breach 

    Without limiting any other remedies, imissmyfood may, without notice, and without refunding any fees, delay or immediately remove Content, warn imissmyfood‘s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: 

    imissmyfood suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; imissmyfood is unable to verify or authenticate any of your personal information or Content; Or imissmyfood believes that a user is acting inconsistently with the letter or spirit of imissmyfood‘s policies, has engaged in improper or fraudulent activity in connection with imissmyfood or the actions may cause legal liability or financial loss to imissmyfood‘s users or to imissmyfood. 

    Privacy Policy 

    This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from imissmyfood.com (the “Site”).  

    Personal information we collect:  

    When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.  

    We collect Device Information using the following technologies:  

    – “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.  

    – “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.  

    – “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.  

    Additionally when you make a purchase or attempt to make a purchase through the Site, register an account, subscribe to our newsletter, respond to a survey or fill out a form, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and third party payment identifiers, email address, and phone number. We refer to this information as “Order Information”.  

    When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.  

    How do we use your personal information?  

    We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:  

    – Communicate with you;  

    – Screen our orders for potential risk or fraud; and  

    – When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.  

    Email Newsletter 

    If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way for the user to opt out of these communications. Please see the Choice/Opt Out section below. 

    Text Marketing Notifications: 

    By subscribing to I Miss My Food text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing. 

    Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out. 

    Provide Service Announcements 

    On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an e-mail. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. 

    Customer Service 

    We communicate with users on a regular basis to provide requested services and with regard to issues relating to their account, we may reply via e-mail or phone. 

    Choice/Opt Out 

    Users who no longer wish to receive our newsletter, SMS, or promotional communications may opt out of receiving these communications by sending email to imissmyfood@outlook.com or using the unsubscribe tools provided directly in the communication. 

    Device information 

    We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).  

    We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.  

    In the event the Site goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. 

    We do not sell, rent, or trade your personal information to third parties for their commercial purposes, except where you have specifically told us to. 

    Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

    Behavioral advertising 

    As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.  

     

    You can opt out of targeted advertising by using the links below:  

    – Facebook: https://www.facebook.com/settings/?tab=ads  

    – Google: https://www.google.com/settings/ads/anonymous  

    – Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads  

    Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.  

    Do not track  

    Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.  

    Data retention  

    When you place an order or provide any information through the Site, we will maintain your Order and Personal Information for our records unless and until you ask us to delete this information. 

    You have the right to request that the Site delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

    Links 

    This web site contains links to other sites. Please be aware that we, FG, are not responsible for the privacy practices of any other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site. 

    Security 

    This web site takes every precaution to protect our users’ information. When users submit sensitive information via the web site, their information is protected both online and off-line. 

    When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry — SSL. While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Google Chrome, Mozilla Firefox, Safari, and Microsoft Internet Explorer, among others, becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’. 

    While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility. 

    While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline. 

    After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. 

    Changes  

    We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.  

    Your Consent 

    By using our site, you consent to our privacy policy. 

    Online Privacy Policy Only 

    This online privacy policy applies only to information collected through our website and not to information collected offline. 

    Contact us  

    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at imissmyfood@outlook.com by typing in the subject matter “ATTN: Privacy Policy Compliance Officer” 

    No Warranty 

    IMISSMYFOOD , IMISSMYFOOD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND IMISSMYFOOD  SUPPLIERS PROVIDE IMISSMYFOOD ‘S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. IMISSMYFOOD , IMISSMYFOOD‘S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND IMISSMYFOOD’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM IMISSMYFOOD SHALL CREATE ANY WARRANTY. 

    Liability Limit 

    IN NO EVENT SHALL IMISSMYFOOD , AND (AS APPLICABLE) IMISSMYFOOD SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR IMISSMYFOOD SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, IMISSMYFOOD SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IMISSMYFOOD LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF IMISSMYFOOD SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO IMISSMYFOOD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 

    Indemnity 

    YOU AGREE TO INDEMNIFY AND HOLD IMISSMYFOOD AND (AS APPLICABLE) IMISSMYFOOD  PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 

    No Guaranty 

    imissmyfood does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside imissmyfood’s control. 

    Legal Compliance 

    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of imissmyfood‘s service and your listing, purchase, solicitation of offers to purchase, and sale of items. 

    Severability 

    If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. 

    No Agency 

    You and imissmyfood are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

    Imissmyfood Service 

    imissmyfood reserves the right to modify or terminate the imissmyfood service for any reason, without notice, at any time. imissmyfood reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, imissmyfood will notify you via email to the email address in your account. What constitutes a “material change” will be determined at 

    imissmyfood‘s sole discretion, in good faith, and using common sense and reasonable judgment. 

    Choice of Law 

    This Agreement shall in all respects be interpreted and construed with and by the laws of the province of Ontario and disputes arising under this Agreement will be adjudicated by the courts of the Province of Ontario.