This website and any subdomain in relation thereof (the “Website”) is published and maintained
by Yumm (“Yumm”, “us”, “we” or the “Company” ). When you access,
browse, or use this Website or any of its features, you accept and agree to, without limitation or
qualification, to the terms and conditions set forth below (“Conditions of Use”).
This website is hosted by Google Cloud.
These Conditions of Use and the Privacy Policy only govern access to and use of the Website
and any features in relation to thereto, and allow the Company to provide the services available
through the Website. For the applicable terms and conditions governing online purchases made,
or services received through the Website, please see the Terms of Sale.
For the purposes of these Conditions of Use:
- “include” and “including” means “including without limitation” and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it;
- “you” or “your” means the individual, if the individual is using or accessing the Website or purchasing products for his or her personal use.
By accessing or using the Website, you are indicating your acknowledgment and acceptance of
these Conditions of Use and the Privacy Policy. Please read these Conditions of Use and the
Privacy Policy carefully.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY
POLICY, YOU CANNOT USE THIS WEBSITE.
Eligibility
By using the Website, you represent and warrant that you (a) are 18 years of age or older, (b)
have not been previously suspended or removed from the Website, or engaged in any activity
that could result in suspension or removal from the Website, (c) do not have more than one
account to use the Website (a “Yumm Account”) and (d) have full power and authority to
enter into the present Conditions of Use and in so doing will not violate any other agreement to
which you are a party.
We continually test new features, functionalities, services, user interfaces and products that we
are considering incorporating into our Website and services. We reserve the right to include or
exclude you from these tests without notice.
Conditions Relating to the Use of the Website
You need a supported Web browser to access the Website. To access other platforms, you may
need to download an application onto your computer or mobile device. You acknowledge and
agree that the Company may cease to support a given Web browser and that your continuous use
of the Website and the services provided thereby will require you to download a supported Web
browser. You also acknowledge and agree that the performance of the Website and the access to
the services provided thereby are incumbent on the performance of your computer equipment
and your Internet connection.
In order to use all or part of the Website or the services provided thereby, you may be required to
create a Yumm Account. You are solely responsible for managing your Yumm Account
and password and for keeping your password confidential. If you have forgotten your password,
click on the “Forgot Password?” link and follow the on-screen instructions. You are also solely
responsible for restricting access to your Yumm Account.
You agree that you are responsible for all activities that occur on your Yumm Account or
through the use of your password by yourself or by other persons. This includes payments or
purchases made by way of your Yumm Account. If you believe that a third party obtained or
guessed your password, use the password regeneration feature of the Website as soon as possible
to obtain a new password.
As a condition to your use of the Website, you agree:
- To keep the information provided to us in your Yumm Account accurate, current and complete;
- Not to impersonate or misrepresent your affiliation with any person or entity;
- Not to access, tamper with, or use any non-public areas of the Website or any computer systems in connection therewith;
- Not to attempt to probe, scan, or test the vulnerability of the Website or any related system or network or breach any security or authentication measures used in connection with the Website and such systems and networks;
- Not to attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Website or provide the services offered on the Website;
- Not to harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website or any feature, link, email address or prompt in relation to the Website or the provision of the services contemplated by the Website;
- Not to provide us the payment information or payment credentials belonging to a third party;
- Not to use the Website in an abusive way contrary to its intended use, to its documentation or to the Company’s reasonable instructions;
- Not to systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; and
- Not to infringe or otherwise violate third party intellectual property rights when using or accessing the Website.
The Company will have the right to investigate and prosecute violations of any of the above,
including without limitation possible infringement or violation of any intellectual property rights
and possible security breaches, to the fullest extent of the law and to terminate your Yumm
Account or terminate your use of the Website in the case of any breach. The Company may
involve and cooperate with law enforcement authorities in prosecuting users who violate the
present Conditions of Use. You acknowledge that, although the Company has no obligation to
monitor your access to or use of the Website, it has the right to do so for the purpose of operating
the services provided through the Website, to ensure your compliance with the present
Conditions of Use, or to comply with applicable law or the order or requirement of a court,
administrative agency, or other governmental body
License
Yumm grants you the personal, non-transferable, non-exclusive, revocable and limited right
to access and use the Website for your own personal purposes as an individual consumer.
Except for the limited licence explicitly granted to you under the present Conditions of Use, you
are not granted any rights in Yumm’s intellectual property.
Proprietary Rights
All right, title, and interest in and to the Website, the Yumm Account, and the services
provided through the Website are and will remain the exclusive property of Yumm and its
licensors. The Website and the services provided thereby are protected by copyright, trademark,
and other domestic and foreign laws concerning intellectual property. Except as expressly
permitted in the present Conditions of Use, you may not reproduce, modify, or create derivative
works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or
otherwise use or commercially exploit the Website.
Electronic Communications
When you visit the Website, send e-mails to or chat with us, you are communicating with us
electronically and you hereby consent to receive communications from us electronically. We
may communicate with you by e-mail or by posting notices on this Website. You agree that all
agreements, notices, disclosures and other communications we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites
Our Website contains links to other websites which are owned and operated by third parties,
including social media like Facebook, YouTube, Instagram, Twitter and LinkedIn. These links
will let you leave the Website. The linked sites are not under our control and we are not
responsible for the contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. We are not responsible for webcasting or any other form of
transmission received from any linked site. We provide the links to you only as a convenience.
We do not endorse the site or its use or contents.
Disclaimer
We do not warrant or represent that the content of the Website is accurate, up-to-date or
complete, nor that it does not infringe the rights of others.
We are providing the Website and its contents on an “as is” basis. We make no representations or
warranties of any kind with respect to the Website, its contents or any of the products or services
supplied through the Website.
We do not represent or warrant that the Website, the server that makes it available or any of our
products or services supplied through this Website will be free of errors, viruses or defects.
Your access and use of this web site is subject to factors beyond our control. We do not warrant
that the Website or the products and services offered via this Website will meet your
requirements or that the service will be uninterrupted or timely.
Indemnification
You agree to defend, indemnify, and hold Yumm harmless, its officers, directors, affiliates,
employees and agents, from and against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising out of or in any way
connected with your access to or use of the Website as well as the Yumm Account in relation
therewith.
Right to Change These Conditions of Use or Website Content
Except as otherwise specified, these Conditions of Use may be subject to change. You will be
subject to the Conditions of Use in force at the time that you make your purchase from us or use
the Website.
The amended Conditions of Use will take effect immediately when they are posted on the
Website and by continuing to use the Website or Yumm Account after any changes are posted, you are indicating your acceptance of and agreement to those changes.
General Provisions
The Conditions of Use shall be governed by and construed by the laws of the Province of
Quebec, Canada and the laws of Canada applicable therein. Parties hereby irrevocably submit
and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.
The present Conditions of Use are the entire and exclusive agreement between Yumm and
you regarding the use of the Website, and the present Conditions of Use supersede and replace
any prior agreements between the Yumm and you regarding the Website.
You shall not assign or otherwise transfer the present Conditions of Use or any of your rights or
obligations hereunder to any third party without our prior written consent which consent is
within our sole discretion. No assignment or delegation by you shall relieve or release you from
any of its obligations under the present Conditions of Use. Subject to the foregoing, the present
Conditions of Use shall be binding upon, inure to the benefit of, and be enforceable by each of
the Parties and their respective successors and assigns. Yumm shall be allowed to assign the
present Conditions of Use to any third party without requiring your consent.
Nothing in the present Conditions of Use shall constitute a partnership or joint venture between
you and the Company.
If a particular provision of the present Conditions of Use is held to be invalid by a court of
competent jurisdiction, the provision shall be deemed severed from the present Conditions of
Use and shall not affect the validity of the present Conditions of Use as a whole.
The Parties have expressly requested that the present Conditions of Use be drawn up in English
and that all modifications thereof can be made in this language.
Contact
If you have any concern, question or complaint regarding the present Conditions of Use, please
contact us at:
Goodfood Market Corp.
4600 rue Hickmore
Montréal, Québec H4T 1K2 Canada
1-855-515-5191 (Mon-Fri 8am-8pm, Sat-Sun 9am-5pm)
[email protected]
The current Agreement last update was on August 30 th 2018.