Providing a Launchpad for
discovery, creation and success.
Terms and Conditions for Use of this Web Site Operated by a not-for-profit board, Food Starter focuses on helping early-stage food processors commercialize and scale the development of their food products.

Terms of use

Food Starter provides this website (the “Site”) to you subject to your acceptance of the following terms and conditions of use in this Terms of Use Agreement (the “Agreement). By accessing or
using the Site you agree to be bound by this Agreement without limitation or qualification. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE.

Changes to the Terms and Conditions

Food Starter reserves the right to amend this Agreement at any time. If amendments are made we will post the changes to this Agreement on the Site and will indicate at the top of this page the date this Agreement were last revised. YOUR CONTINUED ACCESS TO OR USE OF THE SITE AFTER SUCH CHANGES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT REGULARLY.

Privacy

Without limiting the generality of this Agreement, your use of the Site is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our privacy policy. BY USING THE SITE, YOU SIGNIFY THAT YOU HAVE READ, FULLY UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY OUR PRIVACY POLICY. Further, this Site uses cookies. By using this Site and agreeing to this Agreement, you consent to Food Starter’s use of cookies in accordance with the terms of our privacy policy.

Ownership and Usage

Unless otherwise stated, Food Starter and/or its licensors own the rights, title and interest in the Site and its content (the “Site Content”) and are protected by Canadian and foreign copyright and trade-mark laws.

Food Starter reserves any rights not expressly granted to you in this Agreement. Users of this Site are granted a limited, non-exclusive and revocable license to view, download for caching purposes only, and print pages from the Site for your own personal and non-commercial use. You shall not modify the content of such material and shall include with and display on any such copy all original copyright, trade-mark and other notices. No other use of this site is permitted.

Regarding the Site or Site Content, Users must not: (i) Republish or distribute without the prior written consent of Food Starter (this does not apply to content specifically and expressly made available for redistribution); (ii) Sell, rent or sub-license material; (iii) Display any material from the Site in public; (iv) Reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; or (v) Edit or otherwise modify any material on the Site.

Use of Site

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without Food Starter’s express written consent. You must not use this Site to transmit or send unsolicited commercial communications.

Restricted Access

Access to certain areas of this Site is restricted. Food Starter reserves the right to restrict access to areas of this Site, or indeed this entire Site, at Food Starter’s discretion.

If Food Starter provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.

Food Starter may disable your user ID and password in Food Starter’s sole discretion without notice or explanation.

User Content

By using features of this Site that allow you to upload or submit your own content (including without limitation text, images, audio material, video material and audio-visual material) that you
submit to this Site for whatever purpose and by whatever means (the “User Content”), you give Food Starter permission to forever use any User Content you submit on or through the Site.

By submitting User Content you grant Food Starter a worldwide, perpetual, irrevocable, transferable, non-exclusive, royalty-free, unrestricted license to copy, use, reproduce, adapt, transmit, edit, modify, publish, translate and distribute or otherwise use your User Content in any existing or future media. You also grant to Food Starter the right to sub-license these rights, and the right to bring an action for infringement of these rights.

By submitting User Content you declare that such content is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to upload or otherwise submit to the Site. Further, such content does not violate any law; does not infringe any third party’s legal rights; does not give rise to legal action whether against you or Food Starter or a third party; and it is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

Food Starter reserves the right to edit or remove any material submitted to this Site, or stored on Food Starter’s servers, or hosted or published upon this Site. Notwithstanding Food Starter’s rights under this Agreement in relation to user content, Food Starter does not undertake to monitor the submission of such content to, or the publication of such content on, this Site. Without limiting the generality of the foregoing, you hereby grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available on the Site.

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Food Starter that you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Site.

Linking Agreement

If you wish to link to the Site, you may do so, provided you agree to the link conditions described below (the “Link Conditions”). A link may be established to the home page of the Site at www.foodstarter.ca.

If you link your website to the Site, you agree that you may not:

  • imply that Food Starter is endorsing you or your products or services;
  • imply an affiliation between you or any entity you may be representing without the prior written consent of Food Starter;
  • misrepresent your relationship with Food Starter or present false or misleading statements about Food Starter; and
  • associate such link with any content that may be considered by Food Starter in its sole discretion to be distasteful or offensive.


Food Starter shall not be responsible or liable for any content appearing on your website. The Food Starter may in its sole discretion, immediately terminate your right to link to the Site at any time and for any reason. If Food Starter exercises such right, you hereby agree you will immediately remove all links to the Site and any content thereof.

BY ESTABLISHING A LINK TO THE SITE, YOU WILL BE DEEMED TO HAVE AGREED TO THESE LINK CONDITIONS.

Linking to Third Party Sites

This Site may provide links to third party web sites. Food Starter does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Food Starter’s control and if you choose to access any such web site, you do so entirely at your own risk.

Limitation of Liability and No warranties

To the extent permitted by the applicable law, this Site is provided on a “as is” and “as available” basis, and without any representations, conditions or warranties, express or implied. Food Starter and each of its agents, employees, directors, successors, and assigns (together the “Releasees”) make no representations or warranties in relation to this Site or the information and materials provided on this Site.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE,  INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES; OR (VII) THE INFORMATION ON THIS SITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. 

IN NO CIRCUMSTANCES SHALL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR YOUR RELIANCE ON, OR YOUR INABILITY TO USE OR ACCESS THE SITE, ANY CONTENT OF THE SITE, ANY EXTERNAL LINKS ON THE SITE, ANY WEBSITE LINKED TO THE SITE, OR ANY CONTENT THEREOF.

Comments or opinions expressed on the Site are those of their respective site users only. The views expressed on the Site and in User Content do not necessarily represent or reflect the views of Food Starter. The Releasees are not responsible for, and disclaim all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through the site.

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Indemnity

By using this Site, you hereby agree to indemnify, defend and hold harmless Food Starter and each of its agents, employees, directors, successors, and assigns from any losses, damages, costs, liabilities, claim, demand, and expenses (including without limitation legal expenses and any amounts paid by Food Starter to a third party in settlement of a claim or dispute on the advice of Food Starter’s legal advisers) asserted by any entity relating in any way to your use of the Site, User Content, and/or breach of this Agreement, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

Severability

If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement, Jurisdiction, and Governing Law

This agreement shall be governed and construed in accordance with the laws of the Province of Ontario, any disputes relating to this Agreement shall be subject to the non-exclusive jurisdiction of the courts of Ontario, and this Agreement constitutes the entire agreement between you and Food Starter with respect to the Site and it supersedes all prior agreements with respect thereto.

For more information please contact:
Email: [email protected]
Address: 76 Densley Ave, Toronto, ON M6M 2R3

Credit: This document is based on a Contractology template available at www.freenetlaw.com.