Terms of service

Welcome to the Daiya Foods website, located at www.daiyafoods.com (“Website”). Please read these terms and conditions carefully before using this Website.

This Website is offered to you by Daiya Foods Inc. (“Daiya”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices.

Except to the extent otherwise set forth herein, these Terms do not provide you with a license to or any other rights to any products or services of Daiya.

Daiya reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms.  Your use of this Website after such changes have been posted will constitute your agreement to the modified Terms.

Ability to Enter into these Terms

In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms.  If you accept these Terms, you represent that you have the capacity to be bound by them.

Permitted Use

Daiya grants you a limited, revocable and non-exclusive license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Daiya. This license does not include any resale or commercial use of this Website or its contents.

The following activities are also specifically prohibited:

• any collection and use of any product information, listings, descriptions, prices or any other materials made available on the Website;
• any derivative use of this Website or its contents;
• any downloading or copying of account information; and
• any use of data mining, robots, or similar data gathering and extraction tools.

No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray Daiya, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Daiya logo or other proprietary graphic or trademark as part of the link without our express written consent.

User Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.  Certain features of the Website may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Daiya that you have the consent of all recipients to send such communications.

If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.   Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Daiya employee, host, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Intellectual Property

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by Daiya, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Daiya’s company name, the terms “Daiya” and “Daiya Foods”, the Daiya logo and all related names, logos, product and service names, designs and slogans are trademarks of Daiya or its affiliates or licensors. You must not use such marks without the prior written permission of Daiya. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.  All of the aforesaid rights are retained by Daiya and its affiliates or licensors.

User Submissions

All remarks, feedback, suggestions, ideas, graphics, recipes or other information communicated, transmitted, submitted or posted by you through or in connection with the Website (each a “Submission”), including without limitation through any recipe submission or feedback systems provided by Daiya through the Website, will be licensed to Daiya in accordance with and otherwise subject to these Terms.  Any Submission you communicate, transmit, submit or post through or in connection with the Website will be considered non-confidential and non-proprietary, and Daiya will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Daiya operations, products, services, or materials.  You hereby grant to Daiya a perpetual, unlimited, irrevocable license to use, copy, distribute, modify and disclose to third parties each such Submission for any purpose, and you hereby waive all moral rights and other similar rights to each such Submission.  You acknowledge and agree that Daiya will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person.  All Submissions must comply with the content standards set out in these Terms. You represent and warrant that you own or control all rights in and to each such Submission and have sufficient rights and authority to grant to Daiya the rights to each such Submission granted under these Terms. You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless Daiya and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Daiya, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Daiya, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Daiya. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Personal Information Submitted Through the Site

Your submission of personal information to us is governed by our Privacy Terms, which are set forth below.  These Terms incorporate by reference the terms and conditions of the Privacy Terms.

Contests

We may run contests from time to time through the Website.  All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules, as well as the terms set out in these Terms.

Third-Party Links

This Website may contain hyperlinks to websites which are not maintained by Daiya. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. Daiya is not responsible for the contents of those websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations and/or businesses responsible for those websites.

Disclaimer

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND CONTENT IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PRODUCT AND SERVICES INFORMATION, NEWS, ARTICLES, RECIPES AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) DAIYA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF DAIYA ARE EXPRESSLY DISCLAIMED; (C) DAIYA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) DAIYA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Daiya makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws.   Daiya may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL DAIYA OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DAIYA (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.

YOU ALSO AGREE THAT DAIYA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE FROM THE WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless Daiya and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.

Applicable Laws

These Terms and your use of this Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that Daiya may seek and obtain injunctive relief in any jurisdiction.

General

The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Daiya’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable.  In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions.  Daiya may assign its rights and obligations under these Terms.  These Terms will enure to the benefit of Daiya’s successors, assigns and licensees.