TERMS OF USE

 

We are pleased that you are using the websites of REVIVE SUPERFOODS INC. (“Revive Superfoods”, “we” or “us”). We hope that they provide you with useful information and tools about us, our mission and our products. These Terms of Use apply to and set forth the terms and conditions that govern your access to and use of the www.revivesuperfoods.com website and any of our other sites, mobile applications or online services that we operate and may link to these Terms of Use (the “Services”) and the content, data or materials contained therein (the “Materials”). By using the Services, you agree to these Terms of Use, and also to our privacy policy, which is incorporated into these Terms of Use.

From time to time, we may revise these Terms of Use. If you use the Services after the date of any revision (the date of the most recent revision is indicated by the date above), you will be accepting the Terms of Use as revised. We encourage you to regularly review these Terms of Use for updates.

Your Use of Our Sites

Permitted Uses

You may use the Services and the Materials for your own personal, noncommercial use. That means you can use them to view and purchase products, and to engage with us and others through reviews or via our message submission form on our Contact webpage. You cannot, however, use them for commercial purposes (for example, if you are not a wholesaler, you cannot resell or otherwise redistribute our products for commercial purposes), or to violate any applicable law or regulation.

In addition, you may not:

  • access or use, or attempt to access or use, the Services or the Materials to take any action that could harm Revive Superfoods or any third party or interfere with the operation of the Services;
  • use the Services or the Materials with any device or software that could disable or impair the Services;
  • use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Services or the Materials, or otherwise access or collect the Materials or data or information from the Services using automated means;
  • cache or archive the Services or the Materials (except for a public search engine’s use of spiders for creating search indices);
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  • attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Services or the Materials;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.

You agree to abide by all additional restrictions displayed on the Services, as they may be updated from time to time.

Choosing Your Plan

When you sign up for a plan, to receive our products, we will ask you to provide certain information, such as your name and email address, and to provide a username and password that you may use to access your account. Please ensure that this, and any other information you submit to us, is correct and current. You agree to notify us of any changes to this information. Our use of this, and other information we collect from you, is governed by our privacy policy. You agree to keep your username and password confidential, and to notify us of any unauthorized use or of any other breach of security. We reserve the right to suspend or terminate your account for any violate of these Terms of Use, with or without notice to you.

Submitting Content

The Services may allow you to engage with us, for example, to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content”). For example, you could send us a photo of you enjoying one of our products or write on our Facebook page. You always remain the owner of your content. Please make sure that you own or are licensed to send us all of your content, meaning that you took the photo, or have permission to send us the photo, and that the photo is of you or by someone who consents to have the photo sent to us. By providing your content to us, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use your (or any other person’s) name, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). We may display your content on the Services or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so.

None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. We reserve the right to remove any of your content for any reason, including if it violates the foregoing.

Links to Other Websites

Our Services contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Instagram, Facebook, or Twitter). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.

Site Security

We do not guarantee that the Services will be secure. You should be aware that there is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Services is at your own risk.

Our Intellectual Property

REVIVE SUPERFOODS and other marks displayed on the Services are trademarks owned by, or licensed to, Revive Superfoods. All of the other Materials on the Services – including photos, descriptions of products, prices and blog posts– are owned by, or licensed to, Revive Superfoods. You may not use such trademarks, or any of the Materials, in any manner that could indicate you own the trademarks, or those Materials, or that they are associated with you or anyone other than the applicable owner.

You agree to comply with all copyright laws worldwide in your use of the Services or the Materials. Revive Superfoods does not grant you or any other person any express or implied rights under any patents, trademarks, copyrights, trade secrets or other intellectual property.

Products and Ordering

We strive to show our products as accurately as possible. Because monitor displays differ, however, we do not guarantee that the images of our products will accurately depict the products. Also, although we may display products through the Services, they may be out of stock at any time. In addition, please be aware that all prices are subject to change at any time.

You may order our products through the Services. When you do so, you are subject to our shipping policies and practices that appear at the time you place such order. We reserve the right to refuse or cancel any order you place with us, or restrict the quantities purchased per person. In the event we refuse or cancel your order, we will attempt to notify you using the information provided in connection with the order.

Disclaimers

WE PROVIDE OUR SERVICES AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES OR THE MATERIALS. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SERVICES ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.

Indemnification

You agree to indemnify, defend and hold harmless Revive Superfoods and its affiliates, and their officers, directors, members, suppliers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Services and any violation of these Terms of Use and our privacy policy, whether by you or by any person using your login credentials.

Compliance with Law

ACCESS TO THE SERVICES FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SERVICES AND USE OF THE MATERIALS.

Governing Law

These Terms of Use are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms of Use, your use of the Services or the Materials or otherwise shall be brought exclusively in the Courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.

General Information

If we do not enforce any provision of these Terms of Use, it does not mean we will not, and we are not waiving our right to, enforce it in the future.

Contact Us

If you have questions or concerns regarding these Terms of Use, contact us at [email protected] or by regular mail to:

REVIVE SUPERFOODS INC.
1880 Bonhill Rd
Mississauga, ON
L5T 1C4

Automatic Subscription Renewal

Revive Superfoods follows a subscription-based model. By signing up for a subscription and checking off the terms and conditions box at checkout upon completion of an order, you acknowledge and agree that Revive Superfoods is authorized to automatically charge you either on a weekly or monthly basis depending on the subscription you have selected. While your subscription is active, order renewal will continue until you pause or cancel your subscription OR if Revive Superfoods suspends providing access to the sites or products in accordance with these terms and conditions. You acknowledge and agree that Revive Superfoods will proceed with automatic recurring payments without the need to obtain additional authorization from you.

Cancellation Policy

Your subscription will automatically renew until you pause or cancel your subscription. You can pause or cancel any time. To do so, please email us at [email protected]. Your email will be responded to anytime within 24-48 hours. Please note that if you cancel after your billing date is processed, the charge and the subsequent order will proceed. You will be responsible for all charges incurred prior to the pause or cancellation of your subscription. In the event you pause or cancel your subscription, we may still send you promotional communications. Please send us an email if you want to opt out of receiving those communications.

Returns and Refunds

Revive Superfoods do not have an all-time satisfaction guaranteed policy. If you are not satisfied with a product, please contact us at [email protected] within seven (7) calendar days of the date you received the product; we will apply a credit onto your account according to the unsatisfied or missing cups. For quality-related complaints regarding your order, we require photographic documentation of any product before we provide a replacement, credit or refund. Please note that due to the nature of our products, we do not accept nor provide refunds on any and all returned items.

Complimentary Items

Complimentary items such as straws are subject to availability. Revive Superfoods has the right to determine as to when theses items will be sent or replace them with complimentary rewards points.

Product Availability

The website may contain information about products that are not available in every location. This does not imply or guarantee that it is or will be available in your location or at the time of your order. In the instance we are out of stock of one or more of cups selections in your box, Revive Superfoods will replace all out of stock cups with another top selection from your cup list.