Terms & Conditions
Please read the following terms and conditions (the “Terms of Service”), which form an agreement between you and Hidden Garden Foods Ltd. (“HG”), carefully and completely. HG is the operator of www.hiddengardenfoods.com and www.hiddengardenfoods.ca (together, this “Website”). This Website and any services or products provided by HG or third party providers on or in connection with this Website (the “Services”) are provided to you subject to these Terms of Service, which include important limitations, exclusions and disclaimers that affect your rights.
By using this Website or the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use this Website or the Services.
1. Changes to Website
HG reserves the right to change these Terms of Service at any time by posting amended Terms of Service on this Website. The amended Terms of Service will be effective immediately, and by continuing to use this Website you agree to be bound by the amended Terms of Service.
2. Additional Terms and Conditions
Additional terms and conditions may be presented to you on this Website. You agree to comply with any additional terms and conditions presented to you and those additional terms are incorporated into these Terms of Service.
3. Use of Personal Information
4. Use of Website
As a condition of your use of this Website, you warrant that you are at least 19 years of age, that you have the legal capacity to create a binding legal obligation and that all information supplied by you on this Website is true, accurate, current and complete. HG may without notice terminate or suspend your access to this Website or the Services for any reason, including if you use this Website or Services in any manner that is prohibited by these Terms of Service.
Effective upon your acceptance of these Terms of Service (and subject to your continued compliance with these Terms of Service) HG grants you a personal, non‑assignable, licence to access content made publicly available on this Website for your personal use only, and not for any commercial purpose whatsoever. You may view and print out web pages from this Website, provided that you maintain all copyright and trade-mark notices.
You may not, except as expressly permitted by HG or these Terms of Service: (a) copy, reproduce, modify, collect, compile, republish, distribute, or catalogue information or material on this Website; (b) use this Website to engage in any unlawful activity or to infringe the rights of HG, its affiliates or associates or others, or (c) interfere with the operation of this Website in any way or interfere with anyone’s use of this Website.
5. Intellectual Property
This Website and all of the related pages including but not limited to content, software, code, graphic, photographs or other material contained in or electronically distributed on this Website is owned by or licensed to HG and is protected by copyrights, trade-marks, service marks, patents or other proprietary rights or laws. Unauthorized use of any copyrighted materials, trade-marks or any other intellectual property without the express written consent of the owner is strictly prohibited.
6. Links to Third Party Sites
This Website may contain hyper-links to websites owned and controlled by third parties which are not under the control of HG. HG is not responsible for the content or the privacy of any linked third party site. The links are provided for your convenience and any such link does not imply endorsement by HG of that website nor does it imply that there is any association between HG and the operators of that website. It is your responsibility to take precautions to ensure that the links you select and software you download are free from viruses, trojan horses or other harmful components.
7. Taxes and Fees
You agree that at the time of order you will be charged any taxes, fees, surcharges or tariffs applicable to your order.
8. No Warranties and No Liability
You acknowledge and agree that this Website and the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms of Service acknowledge and agree that this limitation on liability is reasonable in the circumstances.
HG AND ITS AFFILIATES do not guarantee the quality, accuracy, completeness, or timeliness of the Website or the Services or the content provided in connection therewith, which may contain errors. You should not assume that your use of this Website or the Services will be error-free or that the Website will operate without interruption. HG AND ITS AFFILIATES do not warrant that this Website, its servers, or any communication originating from this Website or HG OR ITS AFFILIATES are free of viruses, trojan horses, or other harmful components.
HG AND ITS AFFILIATES disclaim and exclude to the maximum extent permitted by applicable law all warranties, representations, and conditions regarding use of this Website or the Services, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice.
HG AND ITS AFFILIATES ARE not responsible for any GENERAL, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with the use of this Website or the Services or in reliance on the content available on OR THROUGH this Website, including without limitation any business interruption, lost profits, failure to realize expected savings OR TAX BENEFITS, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortious action, even if HG OR ITS AFFILIATES HAVE been informed of the possibility of such damages or such damages are reasonablY foreseeable.
HG AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SUPPLIER ADVERTISING ON THIS WEBSITE OR AGENTS OF SUCH THIRD PARTY OR FOR ANY DAMAGES OR EXPENSES RESULTING THEREFROM. THIRD PARTY SUPPLIERS MAY IMPOSE CONDITIONS ON SERVICES THAT ARE UNKNOWN TO HG.
Where the limitation or the exclusion of certain types of damages is not allowed, the limitations, exclusions, and disclaimers in these Terms of Service shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite the limitations, exclusions, and disclaimers in these Terms of Service.
9. Limit on Damages and Claims
Notwithstanding any other provisions of these Terms of Service, you acknowledge and agree that under no circumstances shall the aggregate of HG’s liability IN RESPECT OF THIS WEBSITE OR THE SERVICES provided hereunder exceed the CHARGES actually paid by you FOR the Services or, in the event that you have not paid any CHARGES in respect of this Website or the Services, a maximum of CDN$100.
Any cause of action that you may have arising out of or related to this Website or the Services must commence within one (1) year after the cause of action accrues. Otherwise, unless and to the extent such limitation is prohibited by applicable laws, such cause of action is permanently barred.
You hereby agree indemnify and keep HG, its partners, affiliates and associates and their respective directors, officers, employees, or agents indemnified fully against all liabilities, damages, claims, losses, costs and expenses of any kind or nature, which they may incur to a third party or you as a result of your breach of the provisions of these Terms of Service, your misuse of this Website or the Services or your violation of any law or the rights of a third party.
11. Applicable Law and Jurisdiction
HG controls this Website from West Vancouver, British Columbia, Canada. These Terms of Service are, and your use of this Website is, governed by the laws of British Columbia the laws of Canada that apply in British Columbia. Any dispute arising out of or in connection with your use of this Website shall be referred to and finally resolved by arbitration administered by the BC International Arbitration Centre pursuant to its rules. The seat of the arbitration shall be Vancouver, British Columbia.
HG makes no representation that this Website is appropriate or available for use in all locations, and accessing this Website from jurisdictions where this Website or information contained on this Website is illegal is prohibited. If you choose to access this Website from such a location, you do so on your own initiative and you are responsible for compliance with applicable local laws.
12. Comments and other Submissions
By submitting content to this Website by electronic mail, postings or otherwise, including any questions, comments, suggestions, ideas or other feedback (together, the “Submissions”), you grant HG a non-exclusive, royalty-free, perpetual, transferrable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions on the Website, and you waive your moral rights to the Submissions.
(a) You acknowledge that your breach (or attempt or threat to breach) of these Terms of Service will cause irreparable harm to HG and that HG will have a right to seek an appropriate order from a court of competent jurisdiction restraining you from any further breaches (or attempted or threatened breaches).
(b) You agree that the relationship between you and HG is one of independent contractors and that no relationship of joint venture, partnership, employment, fiduciary or agent exists between you and HG.
(c) If any provision of these Terms of Service is determined by any court of competent jurisdiction to be illegal or unenforceable, that provision will be severed from these Terms of Service and the remaining provisions will continue in full force and effect.