RESET FOODS INCORPORATED
TERMS AND CONDITIONS OF RESETFOODS MARKETPLACE SALE
These Terms and Conditions of Resetfoods Sale (“Terms and Conditions”) contain the terms and conditions that apply to your purchase or sale facilitated by Reset Foods Incorporated (“Resetfoods”), through the Resetfoods marketplace at Resetfoods.com (“Resetfoods”). By placing a bid (“Bid”) through Resetfoods, or posting (“Post”) products for sale you (“Customer”) are offering to purchase or sell products(s) (“Products”) facilitated by Resetfoods and are bound by and accept these Terms and Conditions. These Terms and Conditions apply along with any signed separate formal purchase agreement with Resetfoods (“Purchase Agreement”). If any terms conflict between these Terms and Conditions and the Purchase Agreement, the Purchase Agreement shall govern. These Terms and Conditions are subject to change without prior written notice at any time, in Resetfoods’ sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
Other Documents.These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an Order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a corresponding Purchase Agreement signed by both Customer and Resetfoods.
Notication of Orders.When Customer places a Bid or Post, Resetfoods will provide best efforts to facilitate a match and notify the Customer. If a Bid or Post is accepted, Customer will receive an updated status containing details of the order status (“Order Confirmation”). Upon receipt of the Order Confirmation, Customer is responsible for confirming the Order is accurate and must immediately notify Resetfoods of any discrepancy.
Payment Terms; Orders; Quotes; Interest.Terms of payment are within Resetfoods’ sole discretion, and unless otherwise agreed to by Resetfoods in Customer’s Order Confirmation or Purchase Agreement, payment must be received by Resetfoods, deposited in a Resetfoods account by 1 day of Customer’s receipt of Order Confirmation. Payment for the product can be made by either wire transfer, e-transfer or EFT/direct deposit, or some other prearranged payment method as agreed to in writing by Resetfoods. Orders are not binding upon Resetfoods. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Resetfoods reserves the right to limit the order quantity on any Product and/or cease to facilitate a Customer for any reason, or for no reason whatsoever, with or without prior notice.
Unique Fulfillment Conditions.Any unique fulfillment conditions that are negotiated between Customer and Resetfoods will be documented on Customer’s corresponding Order Confirmation, Purchase Agreement or email correspondence.
Shipping Charges; Taxes.Separate charges for shipping and delivery may be shown during the checkout phase on the Resetfoods site, included on the Order Confirmation, and displayed on the Customer’s invoice. Unless Customer provides Resetfoods with a valid and correct tax exemption certificate applicable to the Order’s ship-to location prior to Resetfoods’ acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order
Warranties and Disclaimers.Resetfoods disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site and any other Resetfoods’ site.
Resetfoods expressly disclaims any responsibility for the condition and quality of the delivered products, including the presence of defects, spoilage, or any other issues affecting the products. The Buyer acknowledges that Resetfoods shall not be liable for any damages, losses, or expenses arising out of or in connection with the use, consumption, or resale of the products, including but not limited to any claims related to spoilage.
The Buyer assumes all risks associated with the products upon delivery, and the Resetfoods shall not be held responsible for any loss, damage, or harm caused by the products. The Buyer is responsible for inspecting the products upon receipt and notifying Resetfoods of any significant issues upon delivery on the delivery date. Failure to provide timely notice shall constitute a waiver of any claim related to the condition of the products.
This disclaimer of responsibility shall apply to all products delivered under this agreement and shall survive the termination or expiration of the agreement.
Return Policies.Customer can request support for a credit or Product return facilitated thorough the Resetfoods if the Product is significantly different from the Product specifications and criteria as advertised on Resetfoods. In order to request a credit or Product return, Customer must notify Resetfoods within 1 business day of receipt of the Order in question at www.resetfoods.co, and if applicable, send a picture of the Product at issue. If Resetfoods accepts request for support, any amount to be refunded or returned will be processed expeditiously. If Resetfoods accepts a credit for a Product, any amount to be credited may be added to Customer’s account. Resetfoods reserves the right to request that the form and level of support be solely at the discretion of Resetfoods.
Products.Resetfoods’ policy is one of on-going product update and revision. Resetfoods may revise and discontinue Products at any time and are not responsible for typographical errors or misprints. Resetfoods reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. Resetfoods does not permit the sale of product produced outside of either Canada or the United States without prior written approval.
Marks and Branding.Customer understands that Product redistribution facilitated through the Resetfoods may contain third party brand names, trademarks, copyrights, or any other identifying marks (“Brands”). Customer Agrees to remove all Brands from the Products, if requested, before they are displayed, served, or provided to any end consumers.
Resale of Products.Customer understands that any products purchased through the Resetfoods may be re-sold to another wholesale company or re-sold in the context of a retail outlet unless previously restricted.
Limitation of Liability.Resetfoods does not accept liability beyond the remedies set forth herein, including any liability for Products for any reason. Resetfoods will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
Indemnity.To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Resetfoods, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Resetfoods ; (ii) your violation of any term of these Terms and Conditions; or (iii) any claim that the Products purchased by you through Resetfoods caused damage to a third party.
Arbitration.Any and all disputes, controversies, or claims arising out of, or relating to this Agreement, the subject matter hereof, or the breach of any provisions hereof, shall be settled, at Resetfoods discretion and best efforts, Any arbitration shall be in accordance with the rules and regulations then obtaining of the Ontario Arbitration Act, 1991.
Applicable Law.Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Acceptance.By ordering any Product through Resetfoods, whether by clicking through over the internet, telephone, facsimile or otherwise, Customer agrees to be bound by these Terms and Conditions.
Governing law.This agreement and any sales thereunder shall be governed by the laws of the Province of Ontario, without regard to conflicts of laws rules.
RESET FOODS INCORPORATED
ADDITIONAL TERMS OF SERVICE
This Additional Terms of Service (these “Terms “) governs our relationship with users and others who interact with related Resetfoods website including www.resetfoods.com(collectively referred to as the “Sites”). By using or accessing the Resetfoods Sites, you agree to these Terms. Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Resetfoods may, in its sole discretion, modify or revise these Terms and policies at any time, your continued use constitutes acceptance, and you agree to be bound by such modifications or revisions. Nothing in these Terms should be deemed to confer any third-party rights or benefits.
1.PRIVACY Your privacy is very important to us. We designed a Privacy Policy, found athttp://www.resetfoods.com make important disclosures about how you can use the Resetfoods Sites to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
2.SHARING YOUR CONTENT AND INFORMATION (a)For content that is covered by intellectual property rights, like photos and videos (“IP Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you pose on or in connection with the Sites (“IP License”) (b)When you publish content or information, it means that you are allowing everyone, including people off the Sites, to access and use that information, and to associate it with you.
3.SAFETY (a)You will not post unauthorized commercial communications (such as spam) or multi-level marketing on the Sites. (b)You will not collect users’ content or information, or otherwise access the Sites, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. (c)You will not upload viruses or other malicious code. (d)You will not solicit login information or access an account belonging to someone else. (e)You will not bully, intimidate, or harass any user. (f)You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. (g)You will not use the Sites to do anything unlawful, misleading, malicious, or discriminatory. (h)You will not do anything that could disable, overburden, or impair the proper working or appearance of the Sites, such as a denial of service attack or interference with page rendering or other Site functionality. (i)You will not facilitate or encourage any violations of these Terms or our policies.
4.YOUR RESETFOODS ACCOUNT (a)In order to access some features of the Sites, you will have to create an account (“Resetfoods Account”). You may never use another’s account without permission. When creating your Resetfoods Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Resetfoods Account, and you must keep your account password secure. You must notify Resetfoods immediately of any breach of security or unauthorized use of your Resetfoods Account. (b)Although Resetfoods will not be liable for your losses caused by any unauthorized use of your Resetfoods Account, you may be liable for the losses of Resetfoods or others due to such unauthorized use.
5.PROTECTING OTHER’S RIGHTS (a)You will not post content or take any action on the Sites that infringe or violate someone else’s rights or otherwise violates the law. When you do post content to the Sites, you warrant that you have all the rights to the content, including but not limited to copyrights. (b) Resetfoods can remove any content or information you post on the Sites if we believe that it violates these Terms or Resetfoods policies. (c)Resetfoods provides you with tools to help you protect your intellectual property rights. To learn more, read the opt-out provision of our Privacy Policy. (d)If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. (e)You will not post anyone’s identification documents or sensitive financial information on the Sites.
6.TERMINATION If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Resetfoods, we can stop providing all or part of the Sites to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
7.WARRANTY DISCLAIMER (a)YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RESETFOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. RESETFOODS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. (b)RESETFOODS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES, SERVICES, OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND RESETFOODS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8.LIMITATION OF LIABILITY (a)IN NO EVENT SHALL RESETFOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. (b)YOU SPECIFICALLY ACKNOWLEDGE THAT RESETFOODS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (c)The Sites are controlled and offered by Resetfoods from its facilities in the United States of America. Resetfoods makes no representations that the Sites are appropriate or available for use in other locations. Those who access or use the Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9.INDEMNITY To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Resetfoods, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Sites.
10.ABILITY TO ACCEPT TERMS OF SERVICE You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.
11.GENERAL (a)These Terms shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Resetfoods that arises in whole or in part from the Sites shall be decided by best efforts to achieve a mutually agreed resolution. (b)These Terms, together with the Privacy Policy, and any other legal notices published by Resetfoods on the Sites, shall constitute the entire agreement between you and Resetfoods concerning the Sites. (c)If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Resetfoods failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.