TERMS & CONDITIONS
Last Updated: January 6, 2023
This website (the “Website”) is owned and operated by Freson Market Ltd. (herein “Freson Bros.”, “we”, “us” or “our”).
Freson Bros. reserves the right to amend these Terms and Conditions from time to time, without notice, which shall be effective when posted. Accordingly, Freson Bros. encourages you to refer back to these Terms and Conditions regularly.
By using the Website and accepting the Terms and Conditions, you confirm that you are at least 18 years of age and have capacity to enter into and consent to a binding contract with Freson Bros. in connection therewith.
Limited License to use website
Unless otherwise stated, Freson Bros. and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the limited license entitlements set forth below, all these intellectual property rights are reserved to Freson Bros. and its licensors, including for greater clarity, the right of Freson Bros. to terminate or restrict your use of the Website or its contents, without notice, in its sole discretion.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions and compliance with all applicable laws. All entitlements herein shall automatically terminate if you breach any of these Terms and Conditions.
You must not:
- republish material from the Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- redistribute material from the Website.
Additional Restrictions on use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Freson Bros.’ express written consent.
You must not use the Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without Freson Bros.’ express written consent.
Submissions by you
Further, you hereby waive your moral rights in any such submissions in favour of Freson Bros. which moral rights include the right of association by name or pseudonym to a work or the right to remain anonymous, as well as the right to the integrity of the work.
You are solely responsible for your submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, consents and rights to make any of your submissions, and that all such submissions shall comply with all laws and shall not infringe any third-party rights. Freson Bros. reserves the right to reject, remove or edit any of your submissions at any time, in its sole discretion, without notice.
The Website, including any information and materials accessible hereon, is provided on an “as is” and “as available” basis without any representations, covenants or warranties, whether express, statutory or implied (such as implied merchantability or fitness for purpose), all of which are hereby expressly disclaimed by Freson Bros.
For greater clarity and without limitation to the above, Freson Bros. does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on the Website is complete, true, accurate or non-misleading.
The content on or accessible through the Website is for informational purposes only and, as noted, its accuracy is not guaranteed. Nothing on the Website constitutes, or is meant to constitute, advice of any kind. Reliance on any information provided by or via the Website is solely at your own risk.
Limitations of Liability
Freson Bros. shall not be liable to you (whether under the law of contact, torts or otherwise) for any damages, losses or liability whatsoever, howsoever or whensoever arising, whether direct or indirect, consequential, special, business losses, loss of profits, revenue, income or anticipated savings, punitive or otherwise, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, including where arising from or caused by any use or reliance upon the Website or any part thereof, and whether arising from content errors, programming errors, viruses or otherwise, including:
- the suitability for any purposes of any content thereon;
- computer viruses, downtime, delays in transmission or operation or malfunctions in relation thereto;
- unauthorized use or reproduction of any content; or
- any third-party information, advice, content, products or services thereon or accessible through use thereof or any linked websites.
These limitations of liability shall apply even if Freson Bros. has been expressly advised of the potential for loss.
Nothing in these Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in these Terms and Conditions will exclude or limit Freson Bros.’ liability in respect of any:
- death or personal injury caused by Freson Bros.’ negligence;
- fraud or fraudulent misrepresentation on the part of Freson Bros.; or
- matter which it would be illegal or unlawful for Freson Bros. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use the Website.
Release of other parties
You accept that, as a limited liability entity, Freson Bros. has an interest in limiting the personal liability of its shareholders, directors, officers and employees. You agree that you will not bring any claim personally against, and that you hereby release, Freson Bros.’ shareholders, directors, officers or employees in respect of any losses you suffer in connection with the use of or reliance on the Website or its contents. You acknowledge that it is your responsibility to evaluate the Website and its contents and that all use or reliance thereon is at your sole risk.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms and Conditions will also protect Freson Bros.’ shareholders, officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Freson Bros.
You hereby indemnify Freson Bros. and its affiliates and their respective directors, officers, employees, representatives and agents (“Related Parties”), and undertake to keep Freson Bros. and its Related Parties indemnified, against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and disbursements on a solicitor-client full indemnity basis and any amounts paid by Freson Bros. to a third party in settlement of a claim or dispute on the advice of Freson Bros. legal advisers) asserted against, incurred or suffered by Freson Bros. or its Related Parties arising out of or relating to: (i) your use of the Website, (ii) your infringement or violation of any third-party right, including any intellectual property right, in connection with any information submitted to Freson Bros., (iii) any breach by you of these Terms and Conditions, or (iv) any claim that you have breached these Terms and Conditions or that your submission(s) caused damage to a third party.
Breaches of these terms and conditions
Without prejudice to Freson Bros.’ other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Freson Bros. may take such action as Freson Bros. deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you. Any failure of Freson Bros. to enforce or exercise any rights or provisions herein shall not constitute a waiver of such right or provision.
Vulnerability of the internet and links
You acknowledge and accept that the internet is not a secure medium of communication and that Freson Bros. cannot guarantee the privacy or confidentiality of any communication (including submissions) by you over the internet.
Freson Bros. may transfer, assign, sub-contract or otherwise deal with Freson Bros.’ rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions, without Freson Bros.’ written consent.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Alberta and the federal laws applicable therein and the parties hereby attorn to the jurisdiction of the Courts of Alberta.
You and Freson Bros. are independent contractors and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Freson Bros. by your use of the Website or its contents. The provisions of these Terms and Conditions which by their sense and context are intended to survive the termination of your use of the Website shall so survive and continue to be binding, regardless of the reason for termination.
Freson Bros. Contact Information
The full legal name of Freson Bros. is Freson Market Ltd. and our contact information is as follows:
Address: 4401 48 Street, Unit 130, Stony Plain, Alberta, Canada T7Z 1N3.
If you have any questions about these Terms and Conditions or the Website, or if you wish to unsubscribe from any Freson Bros. communications, please do not hesitate to contact us.