Terms of Service

Last updated: 17 October, 2018

 

OVERVIEW

 

Feast Mash Inc. owns and operates the websites located at www.feastmashrecipes.com ('site’/ ‘website’/ ‘store’). Throughout the site, the terms “we”, “us” and “our” refer to Feast Mash Inc. . Feast Mash Inc. offers this site, including all information, tools and services available from this site to you, the user (‘user’/ ‘you’), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, participating in a product testing program, receiving and using product samples from us, you engage in our “Service”, also referred to as “Services”, and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms and Conditions”, “Terms”), including those additional terms of service and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. In addition to to reading and understanding these Terms, you should also carefully read, review and understand the Privacy Policy.

 

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new additions and/ or features to our Site, our Service, our products and services are subject to the Terms, unless stated otherwise. Your continued access and use of our site and/ or service after any updates or amendments to the Terms have been made indicate your acceptance to be bound by these updated and/ or amended Terms.

Our site is hosted on Wix.com, Inc. They provide us with the online e-commerce and website hosting platform that allows us to market and sell our products and services to you. We reserve the right to change our store host provider, Wix.com, and use an alternative system to host our site and sell our products at any time and without providing advance notice.

Contributors:

If you are contributing content to our site, you must read, understand and agree to be bound by the Contributor Agreement (click here to view the Contributor agreement). By contributing content to our site, you are indicating that you fully accept to be legally bound by the Terms of Service and the Contributor Agreement.
 

License Agreement:

This section describes the legal agreement between you or the company/employer you represent (“You”, “Content User”, “Customer”, “Subscriber”) and Us. The terms below describe your rights and obligations in regards to using our website to purchase licenced content.

If you are entering into this license agreement and our Terms on behalf of your employer or company, you warrant and represent that you have the full right and authority to do so. Otherwise, you agree that you will be personally liable to us in regards to any breaches of the terms.

We currently offer a single type of licence to content users. The terms of this license are outlined below.

 

We are using the terms “Content”,”Recipe Content” to describe the recipes we make available for you to buy. Recipe content includes the images and text found in a food recipe.

 

Standard Content License:

The Standard Content License is the only license currently available on our site. This license grants you worldwide, non-exclusive, non-transferable rights to use and reproduce the content in perpetuity subject to the limitations set forth herein:

The Standard Content License grants you the right to use recipe content in digital reproductions in the following media categories only: email newsletters, email marketing, on your company’s website, in social media, in online advertising, on web apps and mobile apps, in e-magazines/online magazines and blogs.

Restrictions on the use of Recipe Content:

You may not use or reproduce recipe content in any way other than as expressly stated by the Standard Content License above.

 

You may not resell, sub-license, redistribute or share recipe content in any way other than as expressly stated by the Standard Content License terms above.

You may not falsely represent, directly or indirectly, that any recipe content has been created by you or any party other than the original recipe content creator(s) (copyright owner(s)).

You may not use the recipe content in a defamatory or deceptive context.

You may not use the recipe content in a way that can be considered illegal or libelous.

You may not use the recipe content in a way that infringes upon any intellectual property, brand name or trademark belonging to a third party. 
 

Credit Attributions:

Credit attributions are encouraged but not required for recipe content.
 

Warranties and representations:

We warrant and represent that our recipe content creators and contributors have granted us the rights to their Recipe Content in accordance with the terms and rights outlined above in the Standard Content License. We make no other warranties or representations whatsoever.

We shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

You will indemnify and hold Feast Mash Inc., its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Recipe Content other than the uses expressly permitted by the terms above. You further agree to indemnify us for all costs and expenses that we incur in the event that you breach any of the terms of the Standard Content License or any other agreement with us.

 

Additional terms:

All fees and subscription payments made to us are non-refundable, unless required by law.

 

If we send you a notice or if you find out that any Recipe Content violates certain rights, cause claims or threats of infringements or is subject to any claim for which we may be held liable, you will remove the recipe content from any media related to you or the company you represent and delete the content from your computer and any other devices.

 

If we remove specific Recipe Content from our site due to unlawful infringement and notify you of that removal, you will remove the recipe content from any media related to you or the company you represent and delete the content from your computer and any other device.

 

Neither Feast Mash Inc. nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, indirect, special, punitive, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Feast Mash’s breach of this agreement, or otherwise, unless expressly provided for herein, even if we have been advised of the possibility of such damages, costs or losses.

 

Except as expressly stated in the “Warranties and Representations” section above, all Recipe Content is provided "as is" without warranty of any kind, express or implied, including, but not limited to the implied warranties of non-infringement, fitness for a particular purpose or merchantability. Some elements of the Recipe Content may require additional clearance if the Recipe Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.

We do not warrant that the Recipe Content will meet your requirements or that use will be uninterrupted or error free. You are solely responsible of the entire risk in regards to the performance, use and quality of the Recipe Content.

 

SECTION 1 - SITE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. By agreeing to these Terms of Service, you also represent that you are legally capable of entering into binding contracts.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Service.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and/ or recurring charges for our subscription plans (see section 5 below) are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS AND SERVICES

 

SECTION 5 (A) - LIMITATIONS

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 5 (B) - SUBSCRIPTION PLANS
 

A subscription plan is a recurring order (at a predetermined frequency) for a product we offer. By subscribing for one of our plans, you indicate that you understand and accept that your subscription has an initial payment and a periodically recurring payment, and you accept responsibility for all recurring charges prior to deactivation.

We currently offer weekly (once each week) and monthly (once each month) subscription plans where you will receive your chosen type of product once every subscription period. You can pause or skip the upcoming order anytime before 11:59 pm one week before your billing date.
 

Once you subscribe for a subscription plan, you will be charged for the first period amount at checkout. Afterwards, you will be charged once each period at the same amount originally billed, EXCEPT in the cases of price changes that we reserve the right to conduct at any point in time, promotional offers or if you pause or skip an order. In the case of a promotional offer that you receive on your first subscription charge, your subscription will be indefinitely extended at then-current non-promotional subscription rate until deactivated by us or you or until the price is changed by us. In the case of price changes that we apply to any of the plans or products available, you will be notified by email of the price change before your deactivation deadline (which is one week before your billing date - see above). If you don’t deactivate your subscription by the deactivation deadline or one week before your next billing date, we assume that you have approved to pay the newly posted price and your plan will continue at the new price without any further action. By subscribing to a Feast Mash plan, you indicate that you understand and accept that your subscription has an initial payment and a periodically recurring payment, and you accept responsibility for all recurring charges prior to deactivation. We may submit periodic charges without further authorization from you. By starting a subscription, you agree to pay recurring periodic subscription charges indefinitely, until deactivated by us or you.   

 

By subscribing to a Feast Mash plan, you indicate that you understand and accept the the amount billed periodically may change or vary due to promotional offers or due to changes made to the recurring charge by us (see SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES).

 

You can make changes to your payment method or terminate your payment authorization by emailing us at info@feastmash.ca. You need to provide an advance notice, 7 days before your billing date (the reasonable time in which FeastMash can act) to indicate that you want to change or terminate your payment authorization and subscription plan. If you do not provide the notice within 7 days before your billing date, your upcoming charge will not be affected and the changes will only be applied to the period charge that follows the upcoming charge.

 

You may ‘skip’ your order at any time before the deactivation deadline, which is 7 days before your billing date. You may also cancel your subscription at any time before the deactivation deadline. If you don’t skip or cancel your order before the deactivation deadline, you will be responsible for paying the applicable amount for the upcoming order, and you can request to cancel or skip the following period’s order before the next deactivation deadline.

 

We reserve the right not to renew your subscription and orders at any time and without providing any reasons or justifications for doing so. If you deactivate a subscription plan, you can choose to subscribe again (re-subscribe) at any time you wish, unless we do not permit you to re-subscribe. We reserve the right not to permit a user re-subscription without providing any reasons or justifications for doing so.

 

SECTION 5 (C) - RISK AND TITLE

 

Any products that your receive from us are at your risk at the time of your order’s delivery or download.

You, and not us, are solely responsible for the proper and legal handling, storage,  publishing of any image and recipe content that you receive from us. The use of our products is at your own risk. See the “License Agreement” section above for more details.

 

SECTION 5 (D) - PRICE AND PAYMENT

 

The price of the product and any applicable taxes will be quoted on our Site.

We reserve the right to cancel any orders arising from pricing errors including, but not limited to, typographical errors made by us or otherwise.  

Product prices and any applicable charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.

We currently accept payments for all products and services that are made with credit cards only. Payments for all our products and services must be made with an accepted credit card. We reserve the right to change our accepted payment methods at any time.

 

Your credit card will be charged on the billing date for each subscription period, with the exception of the first order in which your credit card will be immediately charged following your initial subscription to a plan.

If a payment you owe is not successfully settled for any reason including, but not limited to, insufficient funds, payment method expiration or due to cancelling your account, you will remain responsible for the payment you owe and any uncollected amounts, and you authorize us to charge your selected payment method, as it may be updated. This may result with a change in your order delivery dates and payment billing dates.

You are entirely responsible for any, and all actions made under your account. You also agree to be personally liable for all activities and charges incurred under your account. Your liability for such charges shall continue after the termination of this agreement.

By subscribing to one of our plans, you understand and agree to have your subscription automatically renewed indefinitely until you or we cancel it.

SECTION 6 - AVAILABILITY OF SERVICE

Orders, purchases and/ or subscriptions are not accepted by Users residing outside the current serviced areas include the United States and Canada. Contact us at info@feastmash.ca for more information about the serviced areas.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 8 - ACCOUNT SECURITY

Protecting the password you use to access your account and our Services on our site is your sole responsibility. By signing up for an account on Our Site, you agree to protect your password and keep it secure. All actions and activities that take place under your password are your sole responsibility. You also agree to immediately inform us of any breach of account and/or password security, or any unauthorized use of your account by emailing us at info@feastmash.ca. We will not be liable for any damage or loss occurring as a result of your failure to comply with some or any of these account security requirements.

 

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that may be affiliated or not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, except as stated in the “License Agreement” section above.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. Click here to view our Privacy Policy

 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Y

ou agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products are sold 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Feast Mash Inc. , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Feast Mash Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, unsubscribing from any subscription plan you were subscribed to and when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 19 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 46 Spadina Ave (Suite 400), Toronto, ON M5V 2H8, Canada.

 

SECTION 21 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 22 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@feastmash.ca.

Last updated: 17 October, 2018