Terms of Service

Last Updated: 06-10-2024

We are Orchard Fruit Market ('Company', 'we', 'us', or 'our'), a company registered in Canada at 9385 ON-11, Severn, Ontario L3V 0Y8. 

We operate the website http://www.orchardfruitmarket.ca (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Orchard Fruit Market, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Unless stated otherwise, the terms in this section apply generally when using our website. 

Content on the website

Unless otherwise noted, all content on our website is owned or provided by us or our licensors.

We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable. 

If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.

Rights regarding content on our website - All rights reserved

We hold and reserve all intellectual property rights for all content.

You may not use such content in any way that is not necessary or implied for the proper use of the service.

Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.

Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.

Any statutory limitations or exceptions to copyright remain unaffected.

User-Generated Content and Comments

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You warrant and represent that:

  • You are entitled to post the Comments on the website and have all necessary licenses and consents to do so;

  • the Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

  • the Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

  • the Comments do not contain any contaminating or destructive features or devices such as viruses, time bombs or coding designed to interrupt, destroy or limit the functionality of this website or any of this website’s user’s computer equipment or software; and

  • the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Access to external resources

Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.

Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.

Acceptable use

Our website and service may only be used within the scope of what is provided for, under these terms and applicable law. You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.

We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:

  • violating laws, regulations, or these terms;

  • infringing on third-party rights;

  • significantly impairing our legitimate interests;

  • offending us or any third party.

Indemnification

By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

  • your use of the service, including any data or content you transmit or receive;

  • your violation of these terms, including any breach of representations and warranties;

  • your violation of third-party rights, such as privacy or intellectual property rights;

  • your violation of statutory laws, rules, or regulations;

  • any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
    your intentional misconduct; or

  • any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

Service reselling

You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission.

Privacy policy

For information on the use of personal data, you can refer to our website's privacy policy.

Intellectual property rights

Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.

All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.

Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Governing law

These Legal Terms shall be governed by and defined following the laws of Toronto, Ontario, Canada. Orchard Fruit Market and yourself irrevocably consent that the courts of Toronto, Ontario, Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Contact

All communications regarding the use of our website must be sent using the contact information provided above.