1. Introduction, Acceptance, Definitions, and Modifications
Welcome to I-D Foods website at https://www.idfoods.com (the “Website”) which includes all subdomains and subpages present and future. We hope you enjoy your visit and / or use of the Website.
The Website is owned and operated by I-D Foods Corporation, a registered corporation located in Laval, Canada with an office at the address listed below. Where the present TOU refer to “I-D Foods” they may refer to I-D Foods Corporation and / or its affiliates, subsidiaries, parent companies, shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to I-D Foods and / or its Representatives. In these TOU, a Website visitor or user may be referred to as “you” or “your”.
I-D Foods reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with I-D Foods, we will use commercially reasonable efforts to notify you by posting a prominent notice when you arrive at the Website for the first time following those changes. You can always identify the most recent version of the TOU by the date at the top of this page.
2. Contacting Us
If you have any questions about the TOU, please contact:
I-D Foods Legal Services
I-D Foods Legal Services
1800 Desserte S Autoroute 440
If you have any non-legal questions regarding the Website or I-D Foods generally, please contact us using the information on our Contact Page.
3. General Code of Conduct for Use of the Website
In addition to any other more specific rules found elsewhere in these TOU, you agree that by visiting and / or using the Website, you will:
4. Proprietary Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) I-D Foods and/or third parties (via license) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to I-D Foods. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to I-D Foods, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of I-D Foods, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and I-D Foods may take action accordingly.
b. Submitted Information
If you choose to communicate to I-D Foods suggestions for improvements to the Website, or any idea or proposal related to I-D Foods or its businesses or properties (collectively, “Feedback”), I-D Foods shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to I-D Foods and waive in favor of I-D Foods, its successors and assigns all your moral rights in the Feedback; and agree to provide I-D Foods such assistance as I-D Foods may require to document, perfect, and maintain I-D Foods’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to I-D Foods, you are not entitled to any compensation or reimbursement of any kind from I-D Foods under any circumstances.
5. External Links
In no way will I-D Foods be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
6. Interruption of Service
From time to time, the Website may be unavailable for periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, I-D Foods shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
7. Termination of the Website or Your Access to the Website and the TOU
I-D Foods may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that I-D Foods shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from I-D Foods’ termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and I-D Foods. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by I-D Foods or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by I-D Foods staff, freelance writers or other subcontractors hired by I-D Foods are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. I-D Foods shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
I-D Foods expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. I-D Foods, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by I-D Foods or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
9. Limitation of Liability
In no case will I-D Foods or its Representatives be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or (ii) the interruption, suspension or termination of any part of or all the Website; and in both cases regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Website and exceed Cdn$ 100.
You expressly understand and agree that I-D Foods or its Representatives shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, your use of the Website, activities arising from your use of the Website, any third party materials on the Website, or any materials downloaded from the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by I-D Foods or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Governing Law and Applicable Jurisdiction
These TOU and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and I-D Foods shall be brought exclusively in the courts located in Montreal, Canada. Notwithstanding the foregoing, I-D Foods shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.
12. Miscellaneous Provisions
© I-D Foods Corporation 2023