TERMS OF SERVICE
THESE TERMS OF SERVICE (the Terms) ARE A LEGAL AGREEMENT BETWEEN YOU AND REVIVE SUPERFOODS INC. (Revive). These Terms of Service govern your access to and use of certain of Revive’s computer and mobile applications, websites or blogs, including revivesuperfoods.com, as well as any of our Facebook, Instagram, Twitter and other social media or interactive pages (collectively, the Services), any and all information, data, comments, photos or other materials uploaded, posted, or submitted to the Services (collectively, Data).
BY SELECTING “I AGREE”, YOU INDICATE AND AFFIRM THAT YOU HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services. Your access and use of the Services and your handling of Data must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Revive may (but has no obligation to) terminate these Terms of Service and/or your ability to access or use the Services at any time.
In consideration of the mutual promises, covenants, and conditions contained in these Terms of Service and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Revive agree as follows:
- Description and Use of the Platform
Revive delivers frozen organic ready-to-blend whole fruit and vegetable smoothie packs and other Products. Through our Platform, we offer package and subscription Services, where we deliver single-serve packs of frozen smoothie ingredients you need to make a delicious blend, in exactly the right proportions, as well as other products. We’ve designed our Services to taste great, save prep time, and also reduce unnecessary waste.
- Revive’s Property
Revive hereby grants to you, subject to the terms and conditions of these Terms of Service, a revocable, worldwide, limited, non-exclusive, personal, non-transferable and non-assignable license to use the Services (the Revive Licence).
You acknowledge and agree that as between you and Revive, Revive and its licensors have and retain all right, title and interest (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Services, including any code underlying the Services, except as provided to you through the Revive Licence. You acquire no rights whatsoever in or to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you in these Terms of Service are reserved to Revive and its licensors.
Certain words, phrases, names, designs, or logos used in the Services may constitute trademarks, service marks or trade names of Revive or other entities. The display of any such marks or names does not imply that a license has been granted to you or any third party by Revive or other entities. Any unauthorized use or display of the trademarks or trade names of Revive, its affiliates, and its related companies and their respective licensors is strictly prohibited.
- Your Use of the Services
- Use of Services
Revive shall make the Services available to you through the Internet and the Services will be maintained on computer servers and equipment in the possession or control of Revive and made accessible to you through the Internet through a secure password-protected site(s) hosted by Revive or a third party. You acknowledge that Revive uses third-party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
In order to use some of the Services, you must be invited to use the Services by Revive and/or to set up an account with Revive, as described in these Terms of Service.
- Compliance with Laws
In using the Services, you shall comply with all laws, statutes, codes, treaties ordinances, orders, decrees, rules, regulations and municipal by-laws, judicial, administrative, ministerial, departmental or regulatory judgments, orders, decisions, rulings or awards of any governmental authority, policies, guidelines and protocols (Laws), including, to the extent applicable, the Personal Information Protection and Electronic Documents Act (Canada) and any similar laws governing the protection of personal information (Privacy Laws).
You must not use the Services: (i) to engage in any illegal or unauthorized purpose, including in any way that violates Laws applicable in Canada or other Laws applicable to you, or in any manner that is inconsistent, or could be inconsistent, with applicable Laws; (ii) in any way that violates or infringes the copyrights, rights of privacy or publicity, or any other rights of any person; (iii) to impersonate or misrepresent your affiliation with any person or entity; or (iv) to upload, post or submit Data or content, or otherwise make available to others using the Services: (A) any worms, viruses, Trojan horses, scripts, spiders, bots or similar means to harvest or collect information, or any computer code or files of a destructive, disabling or interfering nature (collectively, Viruses); or (B) any material that is in any way is or may be detrimental to the operation of the Services or that could damage, disable or overburden the Services, or that is detrimental to the access or use of the Services by anyone else, which restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services.
You must not, without Revive’s prior written permission (including the permissions granted by these Terms of Service): (i) access or search, or attempt to access or search, the Services by any means (automated or otherwise) except through Revive’s available interfaces and your Revive account (as described below); (ii) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, alter, tamper with, repair, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to discover the code (except to the extent that this restriction is expressly prohibited by Law) underlying the Services; (iv) make derivative works of the Services; or (v) modify another website so as to falsely imply that it is associated with the Services, Revive or any other Revive products or Services.
Revive is not responsible for, and does not pre-screen Data and Revive is not responsible for the Data accessed or made available to you through the Services.
You hereby represent, warrant and confirm that you can form a binding contract with Revive, you are at least eighteen (18) years of age, and your use of the Services is in full compliance with the law of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services under Canadian law or any other applicable Laws.
- User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, User Content). In the event you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Revive or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Revive employee or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services or Products, or that may expose Revive or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
- Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third party social media platforms (e.g., Revive’s Facebook page, Instagram page or Twitter feed), you hereby grant Revive a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Revive through the Services or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Revive to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
- Terms of Sale
We offer different subscription plans for our Products (each, a Subscription). For more information about our Subscriptions, please visit the Pricing page on our website. Note that we do not currently deliver Products to every location, so please visit our Pricing page to see if we deliver to your area.
- Continuous Subscriptions
The Revive subscription service is an automatic recurring subscription service. As part of the Revive subscription service, we offer a number of subscription options that you choose from (each, a plan). Each subscription cycle (excluding those you choose to skip in accordance with the agreement) you will receive a package from Revive including the contents of your chosen plan (each a delivery). You can find specific details regarding your plan and the Revive service (account) by accessing the site and accessing your account details.
When you register for a subscription, you expressly acknowledge and agree that (a) Revive (or our third-party payment processor) is automatically authorized to charge you on a weekly or monthly basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the services or products in accordance with these terms. You acknowledge and agree that Revive will not obtain any additional authorization from you for such automatic, recurring payments. You may skip your weekly order as often as you’d like by managing your delivery schedule on your delivery schedule page.
You have the ability to purchase subscriptions for other people through the Services (Gifts). We offer various Gift packages, so please visit the Gifts page on our website and our FAQs for more information.
When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create a Revive account in order to access the Services and redeem the Gift. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law. However, Gifts do not expire, and any unused balance will be placed in the Gift recipient’s Revive account.
- Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for canceling your subscription are described in sections 5.1 above. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
- Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an Order). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Revive account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
- Pricing and Availability
All prices are shown in CDN dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes in accordance with Section 4. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in these Terms.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [email protected]
We will collect applicable sales tax on Products shipped to the provinces for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
- No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
- Returns and Refunds
If you are dissatisfied with a Product or ingredient for any reason, please contact us at [email protected] within seven (7) days of the date you received the Product and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit or refund.
- Your Account
- Account Information
When you are invited to create an account with Revive you will be given a login and password for your account. You are responsible for maintaining the security of your password and account. You may change your password at any time as described on the Revive Website. You are solely responsible and liable for your account and for any use of the Services and any Data inputted, submitted or uploaded to the Services, and any Data accessed or made available to others through your account (even if such Data is accessed, or made available by others). Revive is not, and will not, be responsible for any loss or damages resulting from your failure to comply with this obligation. Revive encourages you to use a strong password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You agree to immediately notify Revive if you become aware of any unauthorized use of your account or your account login or password.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
- Cancellation Policy
Your subscription will automatically renew until you cancel. You may cancel in your account settings or by emailing us at [email protected] and following the instructions you receive. You may cancel at any time, but if you cancel after the weekly cutoff (Saturday at 6 pm EST), you will still receive, and be charged for, the next week’s shipment. You will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Revive, unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein
- Communication Preferences
By creating a Revive account, you also consent to receive electronic communications from Revive (e.g., via email or by posting notices to the Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You represent that: (i) you have permission to input, upload or submit any Data to the Services through your account; (iii) you have rights in the Data inputted, uploaded or submitted to the Services through your account necessary to grant the rights contemplated in these Terms of Service; and (iii) your submission or uploading of Data to the Services is in compliance with all applicable Laws, including all applicable Privacy Laws.
By making Data through the Services, you hereby grant Revive, their licensors and third-party service providers, without any additional consideration, a worldwide, irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) (the Data Licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, incorporate, reformat, translate, excerpt, and distribute Data provided through your account, or any part thereof in aggregated, anonymous form, through any or all media or distribution methods (whether now known or hereafter developed).
You understand that the technical processing and transmission of the Services, including the processing and transmission of Data uploaded or submitted to the Services from your account, may be transferred and unencrypted and may involve: (i) transmissions over various networks both within and outside of Canada; and (ii) changes to such Content to conform and adapt to technical requirements of connecting networks or devices.
- Third-Party Content
We may display content, advertisements and promotions from third parties through the Website or in shipments with Products (collectively, Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Revive is not responsible or liable in any manner for such interactions or Third Party Content.
- Termination and Suspension
Revive, in its sole discretion, has the right to terminate these Terms of Service, or to suspend, terminate or restrict your access to your account, any of the Services, or any other Revive service, for any reason and at any time without notice. If Revive decides to terminate your access to any of the Services, Revive may deactivate, suspend or delete your account or your access to your account. For greater certainty, if you engage in any behavior Revive considers, in its sole discretion, to be offensive or in violation of these Terms of Service, Revive may, in its sole discretion, terminate your access to the Services and/or your account without notice. Revive reserves the right to refuse to provide the Services to you for any reason at any time.
You acknowledge that your use of the Services is entirely at your own risk. You acknowledge that the internet is not a secure medium and that privacy and confidentiality cannot be guaranteed.
You expressly acknowledge and agree that the Services and all related information, data, products and/or Services or assistance provided by Revive to you, is provided on an “as available” and “as is” basis without any express or implied representation or warranty or condition of any kind or nature whatsoever including warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of third party rights or that the services will be error-free, or concerning the services’ functionality, quality, suitability, usefulness, reliability, security, completeness, performance, operation or use by you and those arising by statute or otherwise in law or from a course of dealing or usage of trade, all of which are expressly denied and disclaimed to the maximum extent permitted by law. You confirm that you have not relied on any representation, warranty, condition, covenant or promise made by Revive which has not been expressly stated in these terms of service. You acknowledge that the entire risk arising out of your access or use of the software, and any services or assistance provided by Revive in any connection therewith, remains with you.
- Health Disclaimer
The information contained in this website has not been evaluated by Health Canada or the FDA in the U.S.A. or by any other food or healthcare regulatory authority of any kind. The information on this website is not intended for diagnosing, treating, curing, or preventing diseases of any kind. The information on this website should not be used as a therapeutic measure or replace the advice of a health care professional. The information presented above, or the information received via phone or email, should not be construed as practice of medicine. Revive is not responsible for the abuse and/or misuse of any product sold due to a consumer using this website. Revive is also not responsible for any problems or difficulties that may arise due to the use of consumer products sold by Revive customers of this website, previous and future, who do not consult with a health care professional prior to the purchase and use of any product, assume all risks and consequences.
- Limitations of Liability
YOU AGREE THAT REVIVE (OR ITS AFFILIATES OR LICENSORS, IF ANY) ARE NOT, AND WILL NOT BE, LIABLE TO YOU UNDER THESE TERMS OF SERVICE FOR ANY LOSS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES, OR LOSS OF DATA SUFFERED BY YOU OR ANY THIRD PARTY HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR BASIS OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR REVIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ASSUME ALL RISKS AND LIABILITIES IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY INCOMPLETENESS, ERRORS, VIRUSES, BUGS, PROBLEMS, INACCURACIES, OR OTHER LIMITATIONS IN THE SOFTWARE UNDERLYING THE SERVICES OR ANY INTERRUPTION IN YOUR USE OF THE SERVICES. THIS SECTION SHALL SURVIVE ANY BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OF SERVICE OR ANY REMEDY CONTAINED HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You expressly acknowledge and confirm that the limitations and exclusions contained in these terms of service are fair and reasonable in the circumstances, and that Revive would not have entered into these terms of service but for your agreement to such limitations and exclusions.
You hereby agree to fully indemnify and hold harmless, and, upon Revive’s request, defend, Revive and its officers, directors, employees, agents, representatives, licensors, and all of their respective successors and assigns, harmless from and against all claims, damages and losses of any type, expenses (including reasonable legal fees), actions, demands, liabilities, settlements, or judgments that result from or arise out or which such persons may suffer or incur, directly or indirectly, as a result of or arising out of or in any way connected with your use of the Services or breach of these Terms of Service.
These Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. For the purpose of all legal proceedings, these Terms of Service shall be deemed to have been performed in the Province of Ontario, Canada and the parties hereto expressly confirm that the law of the Province of Ontario is the proper law. You irrevocably attorn to the non-exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. These laws apply to your access to, or use of, the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use.
You acknowledge that these Terms of Service be drawn up in English. La volonté expresse des parties aux présentes est que ce Agreement soit rédigé en anglais. The parties hereto hereby waive any right to use and rely upon any other language.
These Terms of Service shall be binding upon and shall enure to the benefit of and be enforceable by your and Revive, and each of our respective successors and permitted assigns. You may not assign all or any part of these Terms of Service without the prior consent of Revive. Revive may assign these Terms of Service without your consent at any time.
No delay or omission by you or Revive to exercise any right or power it has under these Terms of Service or to object to the failure of any covenant to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
If any provision of these Terms of Services is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Service, or the application of such provisions to persons or circumstances other than those as to which they are invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Service shall be valid and enforceable to the extent granted by law.
The provisions of Sections 3 and 10 to 14, and any other terms herein which expressly state that such terms will survive shall survive the termination or expiration of these Terms of Service for any reason.
(Except as otherwise provided in these Terms of Service, all notices, requests, claims, demands and other communications required or permitted to be given hereunder shall be in writing and shall be given or made (and shall be deemed to have been duly given or made upon receipt) by e-mail with confirmation of receipt of such e-mail by the receiving party at the e-mail address for each provided to the other, as may be changed by either party in accordance with the terms of these Terms of Service.
(In these Terms of Service: (i) all usage of the word “including” or “include” or the phrase “e.g.,” in these Terms of Service shall mean “including, without limitation”; (ii) the division of these Terms of Service into separate Articles, Sections and Subsections and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Service; (iii) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (iv) Business Day means any day other than a Saturday, Sunday or a statutory or civic holiday in the city of Toronto, Ontario; (v) if any action is required to be taken pursuant to these Terms of Service on a day which is not a Business Day, then such payment or action, as the case may be, shall be made or taken on the next day that is Business Day; and (vi) the terms and conditions of these Terms of Service shall not be construed in favor of or against any party hereto by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Service.
If you have any questions or concerns about these Terms of Service, the practices of Revive or your dealings with Revive, you may contact a representative of Revive by e-mail to [email protected] or by regular mail to:
REVIVE SUPERFOODS INC.
2958 Islington Avenue
If you have an account with Revive, you may be permitted to upload and submit information, data, comments, photos or other materials to the Website (collectively, Data).
You cannot open an account with Revive if you are under the age of 18. If you are under 18 years of age, please do not attempt to register for Revive or send any information to Revive. If Revive learns that information from a person under the age of 18 has been submitted to Revive or uploaded to the Website, Revive will delete the information as soon as possible.
Collection of Information
Revive collects your personal information through the Website when you choose to provide such information as discussed below. When you choose to share it, Revive may collect your e-mail address when you sign-up for a Revive account. As well, Revive collects your e-mail address when you contact Revive with any questions, comments, requests or feedback. Revive will collect your credit card information and billing address when you purchase certain of Revive’s services with your credit card or enter into certain agreements with Revive where it is necessary to complete a sales transaction on a re-occurring basis.
In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the Other Information). Such Other Information may include:
- From Your Activity. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services.
- From You. Additional information about yourself that you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences.
- From Other Sources. Information that we collect or receive from other sources.
Information Collection by Third-Party Advertising Companies
Accessing and Modifying Personal Information and Communication Preferences
If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Revive marketing email. Buyers cannot opt-out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
Using and Sharing the Information
We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our Products, services, upcoming events, recipes, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you. Also, we may share Personal Information, the Billing Information, and/or Other Information as described below. We employ other companies and individuals to perform functions on our behalf. Examples include food services, delivery services, marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
In order to administer our contests, promotions, and sweepstakes, we may share your Personal Information and Other Information with our third-party promotional and marketing partners
In an ongoing effort to better understand our users and our Services, we might analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and Services to current and prospective business partners and to other third parties for other lawful purposes.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information, the Billing Information, and the Other Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose Personal Information, the Billing Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Revive or others
Protecting Your Information
We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.