Terms of Use

These are the terms of use (“Terms of Use”) for your use of services or features on the Mrs. McGarrigle’s website, www.mustard.ca. We may add additional Sites in the future as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

We also like to interact with you on third party sites where we post content or invite your feedback, such as our Facebook, Twitter, and Pinterest accounts and  (“Third Party Sites”). Our Terms of Use and other areas of our Sites provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Interactive Services, including services that involve Third Party Sites, but Mrs. McGarrigle’s does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Mrs. McGarrigle’s does not own or control, or to the actions of people that Sephora does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Site, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.

Mrs. McGarrigle’s reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If Mrs. McGarrigle’s decides to change these Terms of Use, Mrs. McGarrigle’s will post a new version on the Site and update the date set forth above. Any changes or modifications to the Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof is property of Mrs. McGarrigle’s, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Mrs. McGarrigle’s and protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Mrs. McGarrigle’s, using the Site as a shopping resource. Any other use of materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Mrs. McGarrigle’s is strictly prohibited.

Trademarks
mustard.ca and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Mrs. McGarrigle’s and may not be used in connection with any product or service that is not offered by Mrs. McGarrigle’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mrs. McGarrigle’s. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information
The products displayed on the Site can be ordered and delivered only within Canada and the U.S. Mrs. McGarrigle’s products displayed on the Site may be available in select retail stores in Canada and certain foreign markets. All prices displayed on the Site are quoted in Canadian Dollars and are valid and effective only in the Canada. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mrs. McGarrigle’s.

The products available on the Site are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Mrs. McGarrigle’s. Mrs. McGarrigle’s reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Mrs. McGarrigle’s in its sole discretion.

Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Site.

Your Use of Content on the Sites and Limitation of Liability
Mrs. McGarrigle’s provides the Site and all other applications and services on the Site as a forum only. Mrs. McGarrigle’s is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site, is not controlled by Mrs. McGarrigle’s. Mrs. McGarrigle’s cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Mrs. McGarrigle’s be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site.

You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Mrs. McGarrigle’s reserves all rights not expressly granted in and to the Content.

 

Your Content Submissions
By submitting Content to Mrs. McGarrigle’s, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content will be available to all other users of the Site, and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Mrs. McGarrigle’s to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
♦ All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
♦ All Content that you post is accurate;
♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that ” use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party; ” does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use and Privacy Policy;
♦ Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

Mrs. McGarrigle’s does not endorse any Content or any opinion, recommendation or advice expressed therein, and Mrs. McGarrigle’s disclaims all liability with respect to the Content.

If your Content includes ideas, suggestions, documents or proposals to Mrs. McGarrigle’s, (a) such Content is not confidential or proprietary and Mrs. McGarrigle’s has no obligation of confidentiality, express or implied, with respect thereto; (b) Mrs. McGarrigle’s may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Mrs. McGarrigle’s under any circumstances unless you are otherwise notified by Mrs. McGarrigle’s in writing.

For any Content that you submit, you grant Mrs. McGarrigle’s a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site. 

Third Party Content and Third Party Sites
Mrs. McGarrigle’s may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Mrs. McGarrigle’s does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Mrs. McGarrigle’s and such third party. Mrs. McGarrigle’s does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Mrs. McGarrigle’s is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content do not necessarily reflect the views of Mrs. McGarrigle’s.

Mobile Services
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Modification of Content
All Content that you submit is not confidential and may be used at Mrs. McGarrigle’s sole discretion. Mrs. McGarrigle’s may or may not pre-screen Content. However, Mrs. McGarrigle’s and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, Mrs. McGarrigle’s and its designees will have the right to remove any Content that Mrs. McGarrigle’s deems, in its sole discretion, to violate any other provision of these Terms of Use or is otherwise objectionable. Mrs. McGarrigle’s does not guarantee that you will have any recourse through Mrs. McGarrigle’s to edit or delete any Content you have submitted. Mrs. McGarrigle’s reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Mrs. McGarrigle’s reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Mrs. McGarrigle’s, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Mrs. McGarrigle’s, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights
Mrs. McGarrigle’s reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Mrs. McGarrigle’s may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Mrs. McGarrigle’s (and its employees), its users and the public.

Disclaimer
Mrs. McGarrigle’s IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Mrs. McGarrigle’s DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Mrs. McGarrigle’s DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

Mrs. McGarrigle’s WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Indemnification
You agree to defend, indemnify and hold harmless Mrs. McGarrigle’s (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

Applicable Law
The Site was created and is controlled by Mrs. McGarrigle’s in the province of Ontario, Canada. As such, the laws of the Province of Ontario will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Mrs. McGarrigle’s reserves the right to make changes to the Site and these Terms of Use at any time.

DMCA
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Mrs. McGarrigle’s with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Privacy Officer
Mrs. McGarrigle’s Fine Food Shop
311 St. Lawrence Street.
Merrickville, ON K0G 1N0
Phone: 613.269.3752 or info@mustard.ca

General
Any claim or dispute between you and Mrs. McGarrigle’s that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mrs. McGarrigle’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Mrs. McGarrigle’s AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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