Terms & Conditions
Effective Date: July 17th, 2023
EFFECTIVE DATE AND CHANGES TO THESE TERMS
These Terms become effective from the date stated at the top of this webpage. Konscious reserves the right to modify or amend the Terms at any time, without prior notice. Changes to the Terms will take effect immediately. Therefore, it is your responsibility, and it is important for you, to review the Terms regularly for any amendments. Any amendments to the Terms will replace all previous versions. Your continued use of the Site after any alterations to the Terms will mean that you accept and agree to the changes.
ACCESS AND CONDITIONS OF USE
You may use the Site in accordance with these Terms and so long as you are at least 13 years of age.
Subject to the above paragraph and the other terms and conditions of these Terms, we grant you a non-exclusive, limited, non-transferable, freely revocable licence to use the Site and the information, files, documents, text, photographs, images, audio, and video which it contains, as well as any material made available for download on the Site (collectively, the “Content”) provided on the Site only as expressly provided in these Terms or as stated on the Site. All right, title, and interest in and to the Content remain the property of Konscious or another party that has licenced their material to us. Konscious reserves the right to terminate this licence at any time for any reason or no reason.
The Site and Content are protected by copyright and trademark laws in Canada, the United States, and internationally. All rights not expressly granted in these Terms are reserved to us and our licensors. The use of the Site does not grant you any rights to any intellectual property including but not limited to patents, trademarks, copyrights, design, user interfaces, trade dress, or computer code.
We authorize you to view or download the Content on the Site for your personal, non-commercial use, provided that you do not remove the copyright and other proprietary notices. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content. Content and features may be subject to change or termination without notice.
It is prohibited to violate or attempt to violate the security of the Site in any way, including, without limitation, by (a) accessing data not intended for you, attempting to probe, scan or test the vulnerability of a system or network, or introducing viruses, Trojan horses, worms, logic bombs, malware or other material which is potentially malicious or technologically harmful.
You may not use the Site in any manner that interferes with the services Konscious provides via the Site nor may you attempt to access the Site in any other manner than those that we purposely provide to you or are otherwise permitted by law. This includes but is not limited to attempts to gain unauthorized access, imposing an unreasonably large load on the Site’s infrastructure, or any other attempts to interfere with Konscious’ intended working of the website as well as the experience of other visitors. You may not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.
You may not use the Site in any way that violates any applicable federal, state, provincial, local or international law or regulation. If you use or attempt to use the Site or the Content in any way not expressly permitted by the Site, your right to use the Site will terminate automatically and you must immediately destroy any copies you have made of any portion of the Content.
Unless you are a restaurant or retail operator, you are not permitted to resell or otherwise use any of the Products you purchase for commercial purposes.
LINKS TO OUTSIDE WEBSITES
We strive to maintain the security of your personal data with commercially reasonable physical, managerial, and technical safeguards. However, we cannot guarantee that unauthorized third parties will never be able to breach our security measures or misuse your personal information. You acknowledge that you provide your personal information at your own risk.
Konscious makes every effort to ensure the accuracy of the descriptions of its Products provided on the Site. However, we cannot guarantee that the product and service descriptions, including the weight or volume of the Products or any other content on the Site or any other website, are completely accurate, reliable, up-to-date, or free of errors.
WARRANTIES AND DISCLAIMERS OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED SITES. KONSCIOUS DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFETY PROCEDURES TO PROTECT YOUR DATA.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING YOUR FOOD ALLERGIES AND VERIFYING THE PRODUCTS AND THEIR CONTENTS (INCLUDING MAJOR ALLERGENS DISCLOSED ON THE PRODUCTS’ LABELS) BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS MAY HAVE BEEN STORED NEAR PRODUCTS CONTAINING MAJOR ALLERGENS INCLUDING, BUT NOT LIMITED TO, WHEAT, SOY, PEANUTS AND TREE-NUTS. KONSCIOUS CANNOT GUARANTEE THAT THERE WILL NOT BE CROSS-CONTAMINATION WITH MAJOR ALLERGENS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONSCIOUS AND ITS AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, ATTORNEYS, AGENTS, CONTRACTORS AND REPRESENTATIVES (COLLECTIVELY, THE “KONSCIOUS REPRESENTATIVES”) SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY, OR INJURIES FOR ANY CAUSE OF ACTION UNDER ANY LEGAL THEORY THAT ARE IN ANY WAY RELATED TO ACCESSING, USING, OR BEING UNABLE TO ACCESS OR USE THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS BOUGHT THROUGH THE SITE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION). KONSCIOUS SHALL NOT BE LIABLE EVEN IF KONSCIOUS, AN AFFILIATE OF KONSCIOUS, OR A KONSCIOUS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE IS TO NO LONGER USE THE SITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, KONSCIOUS’ TOTAL LIABILITY FOR ANY CLAIMS MADE UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES, NOT EXCEEDING THE LESSER OF THE AMOUNT PAID TO KONSCIOUS WITHIN THE PAST THIRTY (30) DAYS IN ORDER TO USE THE SITE OR A SERVICE WITHIN IT, OR ONE HUNDRED DOLLARS ($100). NONETHELESS, KONSCIOUS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Some jurisdictions do not allow the disclaimer of warranties or limitation of certain damages so certain of the foregoing disclaimers and limitations may not apply to you.
You agree to indemnify and hold harmless Konscious, Konscious affiliates, and Konscious Representatives from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) which may arise from your use or misuse of the Site, your breach of these Terms, or your violation of applicable law, rule or regulation.
GOVERNING LAW, ARBITRATION AND WAIVER OF CLASS ACTION
This Agreement will be governed in all respects by the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without giving effect to conflict of laws principles.
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND KONSCIOUS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT THE SOLE VENUE TO BRING SUCH DISPUTE SHALL BE THE COURTS LOCATED IN VANCOUVER, BRITISH COLUMBIA, CANADA AND SUBMIT TO THE JURISDICTION OF SUCH COURTS. YOU AND KONSCIOUS ALSO AGREE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EITHER PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST KONSCIOUS, AFFILIATES OF KONSCIOUS OR KONSCIOUS REPRESENTATIVES IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a way for copyright owners to protect their rights in the U.S. if they believe material posted on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material posted on the Site infringes your rights, you can send a “Notification of Claimed Infringement” to Konscious requesting for the material to be blocked or removed. This notice must include:
- A physical or electronic signature of an authorized person who is representing the copyright owner
- Identification of the copyrighted work that is claimed to have been infringed
- Information that is sufficient to allow Konscious to locate the material on the website
- The name, address, telephone number, and email address (if available) of the copyright owner
- A statement that the copyright owner believes in good faith that the material is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate and, under penalty of perjury, that the copyright owner is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a copyright owner believes in good faith that a notice of copyright infringement has been wrongly filed against them, they can send Konscious a counter-notice as per the DMCA provisions. Both notices and counter-notices must meet the statutory requirements as specified by the DMCA; please refer to https://www.copyright.gov/ for more details. All notices and counter-notices with respect to the Site should be sent to email@example.com. Please consult a legal advisor and refer to 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
No waiver of any term or condition set forth in these Terms by Konscious shall be valid unless in writing and signed by an authorized representative of Konscious or be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unenforceable, or illegal, such ruling shall not affect the validity, enforceability, or legality of the remaining portions of this Agreement, and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. All . These remaining portions shall remain in full force and effect as if the original Terms had been executed without the invalidated, unenforceable, or illegal part. All affiliates of Konscious and the Konscious Representations are third-party beneficiaries to these Terms and are entitled to the rights and benefits hereunder and may enforce the provisions hereof, including, but not limited to, the limitations of liability and indemnification provisions herein.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
CONSUMER INFORMATION AND RIGHTS
California users of the Site are entitled to the following consumer rights notice under California Civil Code Section 1789.3: if you have any questions about these Terms, please contact us at the address or phone number below or [here]
KONSCIOUS FOODS CANADA INC.
23220 FRASERWOOD WAY
RICHMOND, BC V6V 3C7