Term of Use


Terms of Use

Welcome to www.alsafahalal.com (the “website”). The following are terms of a legal agreement (the “Agreement”) between you, the user or viewer of this website, and Al Safa Foods, the owner of this website.

    1. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by the terms and conditions of use set out on these pages (“Terms and Conditions of Use”) and the terms and conditions of the Al Safa Foods privacy policy which is set out at the following link (the “Privacy Policy”). Al Safa Foods reserves the right, in its discretion, to change these Terms and Conditions of Use and to post such changed Terms and Conditions of Use on this website without notice. If you do not agree to these Terms and Conditions of Use, please do not use this website. You shall be solely responsible for checking the Terms and Conditions of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
    2. Al Safa Foods hereby grants you permission to access and use the website, including any software (as defined herein) embedded and integrated into the website, and the services provided through the website (the “Services”), subject to any additional conditions which may be imposed on your access and use of such Services or Software, in accordance with these Terms and Conditions of Use, provided that: you are either over the age of majority in the jurisdiction in which you are resident, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms and Conditions of Use, and to abide by and comply with them; you do not use this Website in any manner which could damage, disable, overburden, or impair this Website (or the network(s) connected to such Website) or interfere with any other party’s use and enjoyment of this Website; you are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal; and you shall not use, nor permit others to use, this Website in a manner or for a purpose contrary to these Terms and Conditions of Use, and will otherwise comply with these Terms and Conditions of Use.
    3. As this Website may be accessed globally, the jurisdiction (location) you choose to access this Website is on your own initiative and you are solely responsible for complying with all applicable local use controls, laws and regulations relating to the location you use to access this Website, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, Al Safa Foods makes no representation of any kind that materials on this Website are appropriate or available for use in locations outside Canada and the United States of America and accessing them from jurisdictions where their contents are illegal is prohibited.
    4. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Al Safa Foods immediately of any breach of security or unauthorized use of your account. Although Al Safa Foods will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Al Safa Foods or others due to such unauthorized use Al Safa Foods reserves the right to establish data transfer restrictions and or limit the total amount of data transfer associated with your account. User accounts may be closed by Al Safa Foods should the total amount of data transfer exceed an amount deemed excessive in Al Safa Foods ‘ sole discretion.
      • The Website may provide various Services that permit you and other users to submit, upload, post, publish or otherwise make available, and/or store, Content (as defined herein) on the Website which may or may not be viewed by you or other users (“User Submissions“). You understand and agree that Al Safa Foods may place advertising on the Website in conjunction with User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree not to post and/or store any Content on the Website that:
        • defames, libels, abuses, harasses, threatens or otherwise violates the legal rights of third parties;
        • constitutes, advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability, violates these Terms and Conditions of Use or is otherwise objectionable, offensive, inappropriate or unlawful, as determined by Al Safa Foods in its sole and absolute discretion;
        • is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;
        • solicits passwords or personal identifying information from any user;
        • that could damage Al Safa Foods , its affiliates, related companies, parent, partners or licensors, or their respective successors and assigns, or any officer, manager, director, shareholder, employee or agent of any of the foregoing (collectively, “Related Parties“) or any third party;
        • contains a virus or other harmful component or creates a virus or other harmful component;
        • impersonates another individual or entity or implies an affiliation with, or endorsement by Al Safa Foods or its Related Parties;
        • contains advertising or which engages in commercial activities and/or sales; or
        • disseminates promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.

 

You agree that all communications sent by you or User Submissions provided by you are on a non-confidential basis. You acknowledge that the Website is not a secure medium for communication except where indicated.

  1. For all User Submissions you submit which are intended for public use, you represent and warrant that:
    • You have the written consent, release or permission of each and every identifiable individual person or entity in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use.
    • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Al Safa Foods to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use; and
    • attain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Al Safa Foods for public use, you hereby grant Al Safa Foods a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Al Safa Foods ‘ business, including without limitation for promotion and redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions of Use.
  2. This Website may contain links to third party websites (“Linked Sites“) which are provided for your convenience to provide further information. The Linked Sites are not under the control of Al Safa Foods , and Al Safa Foods is not responsible for the privacy practices or contents of any Linked Site, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites, or for any products or services advertised or offered by a third party through the Website or Linked Site. You are solely responsible for viewing and complying with the terms of use and privacy policies posted at the Linked Sites. Al Safa Foods is not responsible if the Linked Site is not working properly nor is Al Safa Foods responsible for any form of transmission received from any Linked Site. Such links do not imply [Al Safa Foods ‘ endorsement of the website or] any association with its operators.
  3. From time to time, you may be requested to provide Al Safa Foods with personal information. Such personal information is subject to Al Safa Foods ‘ Privacy Policy.
  4. Information and content contained on the Website, including text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content“), trademarks, trade names, service marks and logos contained on the Website (“Marks“), and all software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software“) is protected by copyright and by other rights. All such Content, Marks and Software (collectively, the “Property“) are owned by Al Safa Foods , its licensors or the party accredited with ownership of such Property. Except as otherwise provided herein, nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any of the Property, including but not limited to Software embedded or integrated into the Website or made available for download from the Website. You agree not to use, copy, reproduce, or distribute any of the Property or User Submissions of third parties, except as provided herein, without prior written consent and/or payment of the applicable license fee to the owners. The Content is provided for informational purposes only.
  5. Al Safa Foods currently has an electronic newsletter and may launch similar products and services in the future. If you choose to receive our electronic newsletter, you will be asked for certain information so that we can customize your newsletter to suit your needs. Upon registering for the electronic newsletter, you will be asked for your name, email address, zip code or postal code, and other information specified in the enrollment process. You may be asked to tell us a little about your interests, including but not limited to, what sorts of articles you like to read, the sorts of wellness choices you currently make, and other questions of this nature. This information is used to deliver you a personalized electronic newsletter that we believe will be of interest to you. The more of this information you choose to share with us, the better we can craft a newsletter specifically for you. If you choose not to share information with us the newsletter will simply be more generic. For example, if you are primarily interested in articles about the environment, we cannot deliver those to you unless you share your interest with us. Similarly, if you are a vegetarian and request recipes without disclosing this fact, we cannot guarantee that all recipes we send you will be meat-free. Providing us with this type of information is voluntary and you may change supplied information or unsubscribe at any time from any portion or all of Al Safa Foods online services.
  6. From time to time, Al Safa Foods Website users may be asked to participate in voluntary surveys and polls. As a part of this process you may be asked to supply information such as demographic information and lifestyle preferences. These surveys will be strictly voluntary and you can choose to disclose this information or not.
  7. The website and all materials, software, information and other content contained in this website, or obtained from a linked site is provided to you “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Al Safa Foods has made reasonable efforts to post current and accurate information on this website; however, Al Safa Foods and its related parties assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this website. Under no circumstances will Al Safa Foods or its related parties be liable for any loss or damage caused by your reliance on information obtained through this website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this website is solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you. Neither Al Safa Foods nor its related parties make any warranty concerning computer viruses or other contaminants which may be transmitted in any way through use of the website, services or software.
  8. You specifically agree that neither Al Safa Foods nor its related parties shall be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. You specifically agree that neither Al Safa Foods nor Al Safa Foods related parties are responsible or liable for any threatening, defamatory, obscene, offensive or illegal content, user submissions or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that neither Al Safa Foods nor Al Safa Foods related parties are responsible or liable for any content or user submissions included in this website by any third party.
  9. You expressly understand and agree that in no event will Al Safa Foods or its related parties have any responsibility or liability in connection with the website for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation, direct, indirect, special, punitive, exemplary or consequential damages or other damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the website, any content or services, any software or any links or failure of the website or any links (including, without limitation, any damages suffered as a result of omissions or inaccuracies in the website, any content or any links or linked site or the transmission of confidential or sensitive information to or from the website or any links), whether or not Al Safa Foods has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you.
  10. In no event shall Al Safa Foods or its related parties, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (cdn$100) even if Al Safa Foods has been advised or ought to have known of the possibility of such damages.
  11. You agree to defend, indemnify and hold harmless Al Safa Foods and its Related Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
    • your use of and access to the Website, Software and Services;
    • your violation of any aspect of these Terms and Conditions of Use;
    • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    • any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.
  12. You expressly acknowledge that Al Safa Foods is entering into this Agreement and is making the Website, Content, Services, Software and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Al Safa Foods. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Al Safa Foods of your use of, or access to, the Website or any part thereof.
  13. If any section (or part thereof) of this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of this Agreement, which shall remain in full force and effect Al Safa Foods ‘ failure to insist upon or enforce strict performance of any section of this Agreement or any right shall not be construed as a waiver of any such section or right.
  14. This Agreement shall ensure to the benefit of Al Safa Foods and its Related Parties. Al Safa Foods may assign its rights and duties under this Agreement at any time without notice to you. You may not assign your rights and duties under this Agreement to any individual or entity at any time.
  15. This Agreement is governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict of law’s provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.
  16. No joint venture, partnership, employment, or agency relationship exists between you and Al Safa Foods as a result of this Agreement or use of this Website.
  17. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
  18. Notwithstanding any other provision set out herein, Al Safa Foods reserves the right, in its sole discretion and without notice, to suspend or terminate your access to this Website and any account or Services, or any portion thereof, or remove and discard Content and User Submissions related to you, for any reason, including if such Content or User Submission infringes another’s intellectual property rights, or contains pornography, obscene or defamatory material.