Terms & Conditions

Updated: June 1, 2020

Welcome. Your access to and use of http://www.heritage-coffee.com (the “Site”) is subject to the following terms and conditions (“Terms”), as well as all applicable laws. In consideration of Heritage Coffee Co. Ltd. (“Heritage Coffee”) making the Site available to you, you agree to comply by these Terms, as amended from time to time. If you do not agree, do not use this Site.

If you have any questions about these Terms, please contact Heritage Coffee Corporate Administration at HR@heritage-coffee.com.

IMPORTANT INFORMATION: The Site is for information purposes only and does not constitute professional advice on any subject matter. All information contained herein, while obtained from sources which are believed to be reliable, is not guaranteed as to its accuracy or completeness, and is provided without warranty of any kind.

General Use Restrictions

You affirm that you have reached the age of majority in both your jurisdiction of residence and in Ontario, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

You agree that you will not:

  • Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
  • Use this Site for any purpose in violation of local, provincial, national or international laws.
  • Use this Site as a means to distribute advertising or other unsolicited material to any third party.
  • Use this Site for anything other than use and display on your personal computer for purposes associated with your interaction with the Site. •Use this Site to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive slanderous, hateful or embarrassing to any other person or entity.
  • Attempt to disable, “hack” or otherwise interfere with the proper functioning of the Site.
  • Attempt to “frame” or “mirror” the Site or any material contained on or accessible from the Site without advance written permission of Heritage Coffee.

If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Heritage Coffee may (in Heritage Coffee’s sole discretion) suspend/terminate your access to or use of the Site without notification for any violation of these Terms, or for other conduct that Heritage Coffee deems harmful/unlawful to others. In the event of termination, you are no longer authorized to access the Site, and Heritage Coffee will use whatever means necessary to enforce this termination. When requested, Heritage Coffee will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity in relation to any use of the Site.

Copyright/Trademark Notice

All of Heritage Coffee’s trademarks are protected by Canadian Law and may not be used in connection with any product or service that is not a Heritage Coffee product or service. Unauthorized use of Heritage Coffee’s trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used and referenced in the Site, are the property of their respective owners.

All Site design, text, layout, graphics and the selection and arrangement thereof is owned by Heritage Coffee and all rights are reserved. You are authorized to view, download and print portions of the Site solely for your personal and non- commercial use or as Heritage Coffee otherwise permits. Any other use of materials of the Site, including, but not limited to: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; or (7) public showing, without Heritage Coffee’s prior written permission, is strictly prohibited. You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from the Site.

Inaccuracies or Errors

The content of this Site is for your general information and use only. It is subject to change without notice. While information provided is intended to be accurate, no representation or warranty is made with respect to the accuracy or reliability of such information.

The descriptions, pictures and other representations of products or services on this Site may contain inaccuracies and errors. Heritage Coffee does not make any warranty or representation with respect to accuracy or completeness of any such information. Graphics and diagrams have been provided for illustrative purposes only, and may not accurately reflect actual product availability.

Heritage Coffee endeavours to display all information correctly, but occasionally the information provided may not be accurate. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in Heritage Coffee’s sole discretion.

Third Party Sites

The Site may, from time to time, contain links to or reference third party sites, resources and advertisers (collectively, “Third Party Sites”). Interactions with Third Party Sites, including any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and terms, conditions, warranties or representations associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party Site. You agree that Heritage Coffee has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any Third Party Site.

Linking to such Third Party Sites is at your own risk. Heritage Coffee is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made available on the Third Party Sites. Heritage Coffee does not investigate, monitor, or check such Third Party Sites for accuracy or completeness. Heritage Coffee is not responsible for the availability of these Third Party Sites, and is providing these links to you only as a convenience and may discontinue providing such links at any time in Heritage Coffee’s sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site.

From Third Party Sites to Heritage Coffee

All links to Heritage Coffee websites by third parties (“linked party”) must be approved in writing by Heritage Coffee, except that Heritage Coffee consents to links in which the link agrees and complies with the link conditions as described below (“Link Conditions”):

  1. If a linked party links to this Site, its website shall not,
    a. imply that Heritage Coffee approves or endorses the linked party, the linked party’s website, or the linked party’s service or product offering in any way;
    b. imply an affiliation between a linked party or any entity on whose behalf the linked party may be acting without prior written consent of Heritage Coffee;
    c. create comparisons of Heritage Coffee products or services with competitive products or services;
    d. misrepresent the linked party’s relationship with Heritage Coffee or present false or misleading impressions about Heritage Coffee or its services;
    e. present false or misleading impressions about Heritage Coffee or otherwise damage the goodwill associated with the Heritage Coffee name and trademarks;
    f. create frames or border environments around any page or materials on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site;
    g. replicate any materials on the Site or any Heritage Coffee logo or trademark without separate written consent by Heritage Coffee;
    h. contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable laws; and
    i. contain content that could be construed as obscene, pornographic or sexually explicit material.
    j. Heritage Coffee may at any time, in Heritage Coffee’s discretion, immediately terminate your right to link to this Site, with or without cause. If Heritage Coffee exercises this right, you will immediately remove all links to this Site.
    k. Heritage Coffee may amend these Link Conditions at any time. The linked party agrees to abide by these Link Conditions and the other Terms on this Site, as amended from time to time.

    2. By linking to the Site, the linked party agrees to indemnify and hold harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Heritage Coffee shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Heritage Coffee makes no warranties express or implied with respect to such links. If, according to the above terms, the linked party’s requirement to link to a Heritage Coffee website requires approval by Heritage Coffee, or the linked party is in any doubt about the linked party’s need to have the link approved, please use the contact Heritage Coffee at HR@heritage-coffee.com.

    Local Laws: Export Control

    Heritage Coffee controls and operates this site from its headquarters in Canada and makes no representations that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations.

    Disclaimer

    Your use of any information or materials on this Site is entirely at your own risk, for which Heritage Coffee shall not be liable. It shall be your own responsibility to ensure that any products, services or information meets your specific requirements and are installed in accordance with applicable codes and laws and in conjunction with appropriate engineering, technical advice or similar services.

    THIS SITE IS PROVIDED TO YOU ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS, WITHOUT ANY WARRANTY. HERITAGE COFFEE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE.

    TO THE FULLEST EXTENT PERMITTED BY LAW, HERITAGE COFFEE DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

    IN NO EVENT WILL HERITAGE COFFEE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT HERITAGE COFFEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

    TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE UNENFORCEABLE TO YOU IN YOUR JURISDICTION, THIS SECTION SHOULD BE CONSTRUED SO AS TO EFFECTUATE THE INTENT OF ITS PROVISIONS TO THE MAXIMUM EXTENT PERMISSIBLE.

    Indemnity

    You agree to indemnify Heritage Coffee and any affiliated companies and each of their respective owners, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Site, your use of the Site, your violation of these Terms, or your violation of any rights of another.

    Applicable Law

    Any action related to these Terms will be governed by the law of the Province of Ontario, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Province of Ontario, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.