Legal Agreement for Use of Our Website

Your use of Yummy.Doctor™ Without Prejudice (referred to as “Yummy™”) website and all products and services available thereon are offered to you on your acceptance of these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. Your use of this website, or of any products or services presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

Yummy™ website and all products and services available thereon are available only to those who may lawfully enter into contracts with us under the law applicable to such contract.  If you do not qualify, you are not permitted to access or use our website or any of our products or services.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.  Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on our website.  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes.  These Terms of Use were last modified on October 1, 2022.

General Disclaimer

Use of Yummy™ website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you.  Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use.  Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

We have made commercial best efforts to obtain the most accurate and timely information available, all of which are complex and subject to change.  Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of our website is provided to you on an “as is” basis, without representations or warranties of any kind (to the fullest extent permissible under applicable law), including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  We make no representation or warranty to you, whether expressed or implied, that our website will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website, including your password access (if any), without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk.  In no event shall we be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.

Registration and Password

Certain portions of Yummy™ website are password-protected and require registration and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our Privacy Policy.  When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you as part of the registration process confidential.  In the event of use of your password without your consent or the discovery by you of any other breach of security, you agree to notify us immediately at support(at)yummydoctor.ca

Confidentiality and Transmissions over the Internet

The transmission of information through the registration and purchase areas of our site is protected by encryption in order to prevent unauthorized access to personal information. However, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible loss, interception or alteration while in transit.  Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

Certain portions of Yummy™ website may permit users of the website to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated.  As we do not control the content originating from users of this website, you acknowledge and agree that (a) we cannot guarantee the accuracy, reliability or completeness of such content and (b) that by using this website you may be exposed to such content that you may find offensive or objectionable and for which we shall have no responsibility or liability.  We do not generally screen or edit content originating from users of this website, but reserve the right (though we have no duty) to monitor or to remove, without notice, any offensive or objectionable content, in our sole discretion.

You agree:  to follow all applicable laws and regulations when using this website; that you shall be responsible for all acts that occur under your password, including any content uploaded, posted or transmitted through such password; and that you have the right to upload, post or otherwise transmit any content originating from you or under your password.

You agree that you shall not (or permit under your password):

(a)    upload, post or otherwise transmit through or to this website any content that:
(i)    is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
(ii)    might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
(iii)    contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

(b)    disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website; its computer systems, servers or networks; or the passwords of other users;

(c)    provide false information about yourself during the registration process, impersonate any other person, or otherwise attempt to mislead us or other website visitors about your identity or the origin of any content, message or other communication;

(d)    transmit junk mail, chain letters, or other unsolicited bulk e mail or duplicative messages;

(e)    collect information about other website visitors without their consent or otherwise systematically extract data or data fields, including without limitation e mail addresses;  and

(f)    sell access to or the use of this website, including any content contained on, downloaded or accessed from this website.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non exclusive, world-wide, royalty free, perpetual, non revocable license to display, reproduce, translate, reformat, adapt, archive, distribute, and broadcast to other users of our website such content; to use or distribute such content in any manner other than stated in our Privacy Policy; and to authorize the display, downloading, reformatting and printing of a single copy of such content by users of our website for their personal use.

Indemnification by User

You agree to indemnify, defend and hold Yummy™ and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services.  As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

The Yummy™ trademark, the Yummy™ logo and other identifying marks of  Yummy™ are and shall remain the trade-marks and trade names and exclusive property of Yummy™, and any unauthorized use of these marks is unlawful.  Other trade-marks on this website are the property of their respective owners.  All content on this website is the copyrighted property of Yummy™ (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law.  Information on this website may be used by you only for your personal use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner.  Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.  If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1.     A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2.     Identification of the copyrighted work claimed to have been infringed.
3.     Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4.     The address, telephone number or email address of the complaining party.
5.     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6.     A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Copyright Manager
Yummy Without Prejudice

Email:   contactus@yummydoctor.ca

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties specifically exclude the application of the United Nations Convention on the International Sale of Goods.

With the exception of a breach by you of our intellectual property rights, any dispute arising out of or in connection with these Terms of Use shall be settled by binding arbitration in accordance with the National Arbitration Rules of the ADR Institute of Canada Inc. by one arbitrator designated in conformity with those Rules in the City of Toronto, Ontario.  Notwithstanding the recourse to arbitration hereto, the parties retain their rights to injunctive relief wherein the courts of the Province of Ontario shall have exclusive jurisdiction with respect to any matter related to these Terms of Use.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion.  We may assign this agreement to any affiliate or successor company of Yummy™ without notice thereof to you.

Contact

If you have any questions, comments or concerns about our website or these Terms of Use, please feel free to contact us.

Legal Agreement for Use of Our Website

Your use of Yummy.Doctor™ Without Prejudice (referred to as “Yummy™”) website and all products and services available thereon are offered to you on your acceptance of our Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. Your use of this website, or of any products or services presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

Yummy™ recognizes your right to privacy and is strongly committed to protecting the privacy of all visitors to our website. The intent of this Privacy Policy is to clearly describe to visitors to the Yummy™ website our privacy practices regarding the collection, use or disclosure of information (including both personal and aggregate information) from visitors to our website.

Your Consent

By using Yummy™ website, you consent to the collection, use and disclosure of your information by Yummy™ in accordance with the terms of our Privacy Policy. If we change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our Privacy Policy will be effective immediately following the posting of such changes to this website. You agree to review our Privacy Policy from time to time and agree that any use by you of this website after changes to our Privacy Policy shall constitute your acceptance of all such changes. This Privacy Policy was last modified on June 1, 2020.

Please also see our Terms of Use for general terms and conditions governing your use of our website.

Information of a Non-Personal Nature

As a general policy, with the exception of IP addresses, no personal information is automatically collected from visitors to the Yummy™ website. Yummy™ does gather and analyse IP addresses and certain information of a non-personal nature regarding website usage by visitors to our website (also known as “clickstream data”). Such information can include the date and time of the visit to our website, the pages accessed and documents downloaded, the previous website visited or the next website you visit after ours, and the type of browser used to access our website. Such data is used in an aggregate form to assist us in determining general usage patterns and to administer, diagnose problems with, and fine tune the layout of our website. We may share non-personal, summary, or aggregate visitor data with partners and other third parties at our discretion.

Cookies

Yummy™ uses ‘cookies’ to store and sometimes track information about your use of our website. A cookie is a small file that is sent to your browser from a web server and stored on your computer. In addition to improving the general layout of the website, cookies allow us to customize our website to each visitor’s individual preferences, as well as keep track of the ordering of products or services from our website. Although most web browsers automatically accept cookies, you can usually change your browser to prevent you from receiving cookies or to notify you whenever you are sent a cookie so that you may decide whether or not to accept it. You are free to decline our cookies if your browser permits, although you may be required to re-enter your password more frequently and may not be able to use certain features or access certain products and services on our website if you do.

Collection, Use and Disclosure of Personal Information

Yummy™ only collects personal information from visitors who voluntarily and knowingly provide us with such information. While you are not required to provide us with personal information in order to access our website, some features of the website, as well as the products and services on our website, may not be accessible to all visitors without some form of registration and disclosure of personal information.

We shall only collect the personal information of visitors to our website with prior notification and limited to those details and for the duration necessary to fulfill the purposes of collection we have disclosed to you in our Privacy Policy or at the time we collect such information. We shall use all commercially reasonable efforts to protect your personal information with appropriate safeguards and security measures. We may use personal information you provide to us for feedback, administrative notices, new product offerings or other communications relevant to your use of our website or services. We may use personal information you provide to us for other fully disclosed purposes to the extent such use by us is explained to you when the information is voluntarily and knowingly provided to us.

We will not give, sell, rent, or loan any of your personal information to any unrelated third party (with the exception of third parties performing functions on our behalf who have an obligation to keep your information completely confidential or a third party who acquires our business) unless you have authorized us to do so.

Yummy™ reserves the right to access and/or disclose personal information where required to comply with applicable laws or lawful government requests or, in our reasonable opinion, to operate our website properly and securely, or to protect Yummy™ or other visitors to this website. To the extent reasonably possible in our sole opinion, we shall attempt to obtain the prior consent of the individual to whom such personal information relates prior to disclosure to third parties.

Confidentiality and Transmissions over the Internet

The transmission of information through the registration and purchase areas of Yummy™ site is protected by encryption in order to prevent unauthorized access to personal information. However, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the submission of any of your information us (including your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with this Privacy Policy, in no event will the information you provide to us result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent. Notwithstanding the foregoing, to the extent that you are able to access the information of third parties through our web site, we do not grant you any right or license to use such information.

Accessing and Updating Your Personal Information

If you wish to access or change any of your personal information we have on file in our records, other than that available to you and capable of being modified online, you may contact our privacy officer as noted at the bottom of this page. We will endeavor to keep the personal information you provide us accurate and up-to-date to the extent we are notified of any changes by you. You can assist by keeping us informed of any changes, or informing us if you find any errors in our information about you.

Third Party Websites

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. In particular, you should be aware that such third party websites may collect data or solicit personal information from you. As we do not control such websites, we are not responsible for their privacy policies, or for the collection, use or disclosure of any data or personal information such websites may collect.

Your Comments

We respect your concerns about your personal privacy and welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, please feel free to contact us below.

Don’t be shy to remind us!  If you are in need of something outside of regular business hours, email us and that may be arranged.