Terms and Conditions of Use
The www.villagefarms.com website (this “Website”) is operated by Village Farms Income
Fund, its subsidiaries, affiliates, successors and assigns (collectively “Village
Farms”). This Website is provided to you by Village Farms solely under the terms
and conditions of this agreement (this “Agreement”). Your use of this Website constitutes
your agreement to all of the terms and conditions contained in this agreement. If
you do not agree with these terms and conditions, you may not use this Website.
You may print and keep a copy of this Agreement.
Privacy
Village Farms’ policy on the collection, use and disclosure of your personal information
as well as non-identifiable information can be found in our privacy policy below,
the terms of which are incorporated into this Agreement by reference.
Modifications of Terms and Conditions of Use
Village Farms reserves the right to change or modify the terms, conditions, and
notices under which this Website may be used by you. Any such change or modification
shall be made through a notice on this Website, and we ask that you periodically
review the terms and conditions contained in this Agreement. Subsequent to the posting
of all such notices, any further use of this Website by you shall be deemed to constitute
acceptance by you of such changes and modifications.
Limitation of Liability
THE WWW.VILLAGEFARMS.COM WEBSITE AND THE INFORMATION AND MATERIALS THEREIN (THE
“CONTENT”) ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. VILLAGE FARMS DISCLAIMS ALL
CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT
TO THIS WEBSITE OR ANY OF THE CONTENT.
VILLAGE FARMS DOES NOT WARRANT THAT THIS WEBSITE AND/OR THE CONTENT ARE FREE FROM
ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THIS WEBSITE AND/OR CONTENT WILL BE
ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL
APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS WEBSITE,
INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, INACCURACIES OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF INFORMATION SUPPLIED BY YOU TO VILLAGE FARMS. YOU SPECIFICALLY ACKNOWLEDGE
THAT VILLAGE FARMS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF THIRD PARTIES.
THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS,
TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT
SHALL VILLAGE FARMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE
OR ITS CONTENT, EVEN IF VILLAGE FARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF VILLAGE FARMS UNDER ANY PROVISION
OF THIS AGREEMENT SHALL BE LIMITED TO $10.00 CANADIAN.
Links
Links to external websites (the “Linked Websites”) are provided only as a convenience
and do not constitute an endorsement by Village Farms of the owners or operators
of the Linked Websites, an endorsement of the content, products, advertising or
other materials contained in the Linked Websites, or any association between Village
Farms and the Linked Websites. Village Farms is not in control of any of the Linked
Websites and is not responsible for the contents of the Linked Websites, including
without limitation any link contained in the Linked Websites or any changes or updates
to the Linked Websites.
Copyrights
Except as stated herein, all Content, including the design of this Website, text,
graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements
thereof contained in this Website are the sole property of Village Farms. Permission
is granted to electronically copy, display and print hard copy portions of this
Website for your personal, non-commercial informational use. Any other use of the
Content, including but not limited to, reproduction for purposes other than those
noted above, modification, transmission, public display, distribution or republication,
without prior written permission of Village Farms, is strictly prohibited.
Trademarks
All other trademarks and service marks owned by Village Farms and appearing on this
Website are registered trademarks, trademarks or service marks of Village Farms.
All custom graphics, icons, logos and other items that appear on this Website are
trademarks or service marks of Village Farms. The use of any Village Farms trademark
or service marks without obtaining prior written permission from Village Farms is
strictly prohibited. All other trademarks, product names and company names or logos
cited herein are the property of their respective owners and any unauthorized use
is strictly prohibited.
Use of this Website
The Content is owned or licensed by Village Farms, and we authorize you to view,
display and download the Content and to print hard copies of the Content solely
for your personal, noncommercial use, provided you retain all proprietary notices
contained in the Content. Any material you download, or print shall remain the property
of Village Farms and shall be returned, deleted or destroyed from your records at
Village Farms’ request. You may not modify, copy, distribute, link, frame, data-mine,
transmit, publicly display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software or services obtained from
this Website.
You may not use this Website for any purpose that is unlawful or prohibited by the
terms, conditions and notices contained herein. You may not use this Website in
any manner which is contrary to all applicable local, provincial, national, international
and foreign laws or regulations governing your use of this Website. You many not
use this Website in any manner which could damage, disable, overburden or impair
this Website or interfere with any other party’s use and enjoyment of this Website.
Rider
You are prohibited from contributing, posting or transmitting to the website any
infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offence, give rise to civil liability,
or otherwise violate any law.
If you provide Village Farms with any ideas, suggestions or feedback by e-mail or
otherwise (“Customer Content”), you grant Village Farms a non-exclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, exploit, delete,
reproduce, modify, adapt, publish, translate, create and exploit derivative works
from, distribute, and display such Customer Content throughout the world in any
manner including in any media, now known or hereafter developed, and you waive any
and all property and moral rights in the Customer Content. You also grant Village
Farms the right to use the name you submit with Customer Content, if any, in connection
with Village Farms’ rights hereunder.
Content
Although Village Farms uses reasonable efforts to update and ensure the accuracy
of the Content, Village Farms makes no warranties or representations as to its accuracy.
Village Farms assumes no liability or responsibility for any errors or misrepresentations
contained in the Content.
Indemnity
You agree to defend, indemnify and hold Village Farms, its employees, directors
and related entities harmless from and against any claim, cause of action or demand
and all liabilities, costs and expenses including reasonable attorneys’ fees, related
to any violation of this Agreement by you or in connection with your use of this
Website or brought as a result of your use of this Website.
Severability
If any provision of this Agreement is invalid or unenforceable under applicable
law, then it shall be, to that extent, deemed omitted and the remaining provisions
will continue in full force and effect.
Entire Agreement
Unless specifically provided herein, this Agreement, and the privacy policy incorporated
herein, constitutes the entire agreement between you and Village Farms with respect
to your use of this Website. This Agreement, and the privacy policy incorporated
herein, shall supersede all prior agreements, understanding, negotiations and discussions,
either oral or written between the parties. There are no representations, warranties,
conditions or other agreements, express or implied, statutory or otherwise, between
the parties in connection with the use of this Website except as specifically set
forth herein.
Termination
This Agreement shall automatically terminate if you are in breach of any of the
provisions contained herein. Village Farms reserves the right, in its sole discretion,
to terminate your access to this Website and the related services or any portion
thereof at any time, without notice.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of
the Province of British Columbia and the federal laws of Canada applicable therein.
You hereby expressly consent to the sole and exclusive jurisdiction and venue of
the courts of the Province of British Columbia, for any legal proceeding arising
out of or relating to your use of this Website or this Agreement.
1. Village Farms’ Privacy Policy
At Village Farms, your privacy is important to us. As part of our commitment to
protecting your privacy, we have adopted this online privacy policy (“Privacy Policy”)
which explains the information privacy practices of the Village Farms Bros. Income
Fund, its subsidiaries, affiliates, successors and assigns (“Village Farms”) and
the www.villagefarms.com website (the “Website”). Please read this Privacy Policy
carefully and if you have any questions or concerns about your privacy please contact
us using the information provided at the end of this Privacy Policy.
Collection of Information
(a) Information We Collect
(i) Personal Information
"Personal Information" is information that is personally identifiable to you. Personal
Information that we collect includes your name, e-mail address, mailing address
product preference and product use. We only collect Personal Information that you
provide to us, either directly, or when using certain features of our site (such
as registering with us, personalizing our services, responding to questionnaires
or surveys and entering into contests). Unless you otherwise inform us, by providing
Village Farms with your Personal Information you consent to our collection of your
Personal Information and our use and disclosure of your Personal Information in
accordance with these terms.
(ii) Non Identifiable Information
“Non-Identifiable Information” is information that cannot be associated with or
traced back to a specific individual. For example, Non-Identifiable Information
may include information about your visit to our site, your Internet Protocol address,
operating system, web browser software or the domain from which you accessed the
Internet. Non-Identifiable Information is generally collected in an aggregated form
and cannot be traced back to the original subject. We collect Non-Identifiable Information
to diagnose problems with the Website, and to administer and improve the Website.
(iii) Cookies
“Cookies” are small computer files transferred to your computer’s hard drive. Cookies
provide information such as number of visits, average time spent, page views and
other statistical information. You may set your browser to notify you when you receive
a cookie or to prevent cookies from being transferred. All information Village Farms
obtains from Cookies remains anonymous. No information obtained through Cookies
is correlated with information you have provided us with.
(b) Advertisers and Business Partners
This site contains links that take you to other websites that may collect Personal
Information about you. This Privacy Policy does not extend to the data collection
practices of third parties and Village Farms does not assume any responsibility
for the privacy practices, policies or actions of third parties. You should read
the individual privacy policies of such websites, and make an informed decision
whether or not to use these websites based upon their privacy practices and your
discretion.
2. Use and Disclosure of Information
(a) Use and Disclosure of Your Personal Information
Your Personal Information shall be retained and used only for such purposes as responding
to your requests, customizing future interaction and content, improving Village
Farms’ services, conducting transactions and communicating with you. In addition,
Village Farms may, from time to time, use your Personal Information to contact you
about changes or enhancements to the Village Farms site or Village Farms’ products
and services.
If you indicate to Village Farms that you are interested in receiving recipes, other
information, newsletters or offers from Village Farms, Village Farms will send you
email publications and mailings about products and services that we feel may be
of interest to you. If at any time you wish to end your subscription to our publications
or stop receiving such information, please contact us in the manner described below.
Village Farms does not sell, rent or trade in Personal Information. Village Farms
may share information with affiliated companies. Your Personal Information may be
transferred to a successor entity of Village Farms or to any entity which purchases
substantially all of the assets of Village Farms. Except as described in this Privacy
Policy, Village Farms will not disclose to unaffiliated companies your Personal
Information unless you have been notified and have consented to such disclosure.
Village Farms may disclose your Personal Information when authorized by you or when
required or permitted by law.
Village Farms sometimes contracts with outside organizations to perform specialized
services such as hosting the Website. Our suppliers may at times receive, process
or handle some of your Personal Information. Only the Personal Information necessary
to perform the services under the contract is given to the supplier. Under their
contracts with Village Farms, our suppliers may use such Personal Information only
to carry out the contracted service and must not store or use the Personal Information
for any other purpose. Village Farms' contracts with its suppliers require that
they provide a level of protection for your Personal Information that is comparable
to ours.
Your consent will be obtained before Village Farms uses or discloses your Personal
Information for any purpose other than those stated in this Privacy Policy or as
may be required or permitted by law. When your Personal Information is no longer
required for the purposes stated in this Privacy Policy or other statutory requirements,
your Personal Information will be made anonymous or be destroyed unless your further
consent is obtained for the retention of your Personal Information for additional
purposes not stated in this Privacy Policy.
(b) Use and Disclosure of Non-Identifiable Information
Village Farms uses Non-Identifiable Information to assess the effectiveness of site
content and traffic. This allows Village Farms to improve the quality of visits
by streamlining your ability to navigate the Village Farms site and developing featured
programs and content that will be of interest to visitors to the Village Farms site.
Aggregate Non-Identifiable Information is used to perform statistical analyses of
the collective characteristics and behaviour of our visitors, to measure user demographics
and interests regarding specific areas of the Village Farms Websites and analyze
how and where best to use resources.
Aggregate Non-Identifiable Information may be used to describe our services to third
parties such as prospective business partners. Your Personal Information will not
be disclosed in any of these circumstances; only Non-Identifiable Information will
be disclosed.
3. Security
Village Farms employs commercially reasonable protections to maintain the confidentiality
of your Personal Information. Access to Personal Information is restricted to employees
who need such information for a legitimate business purpose and such employees are
instructed to abide by this Privacy Policy and Village Farms’ privacy practices.
4. Accessing Your Personal Information
You have the right to access, verify and amend all your Personal Information collected
by Village Farms by contacting us in the manner described below.
5. Opting Out
The choice to provide us with Personal Information is always yours. In certain cases,
your decision to withhold information essential to take advantage of certain features
may limit the services that we can provide to you.
6. Updating this Policy
This Privacy Policy was produced and posted at www.villagefarms.com in April, 2007.
Village Farms may choose or be required to modify or amend this Privacy Policy from
time to time.
7. Comments, Questions and Complaints – Contact Us
Should you have any comments, questions or complaints with respect to Village Farms
or this Privacy Policy,
please click here.
