Legal - Terms of Use

BoneAppetitInc' ("I"; "we"; "us"; "company" "the company") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use and any other rules posted on our Site. Please read these Terms of Use carefully before placing any orders on www.boneappetitkelowna.com and/or any affiliates.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Also, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. By using or shopping from this Site, you agree to be bound by its terms of use and shall comply thereof.

This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE & PROHIBITIONS

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. For you to complete an order process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the order process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. If you are under 18 you must let your parent or guardian know about our Privacy Policy before you register to use this site or any of this site’s services. You must not transmit any worms or viruses or any code of a destructive nature.

PAYMENTS
BoneAppetitInc has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by BoneAppetitInc prior to the acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. BoneAppetitInc has all the discretion to cancel or deny orders.BoneAppetitInc is not responsible for pricing, typographical, or other errors in any offer by BoneAppetitInc reserves the right to cancel any orders arising from such errors.

Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, BoneAppetitInc reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

PayPal allows secure payment with your PayPal account or credit card. You will be redirected to PayPal to finalize your order when checking out. More information about PayPal is available at www.paypal.com.When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to the BoneAppetitInc website. Payment will be debited and cleared from your account upon confirmation of your order by BoneAppetitInc. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

All credit/debit card transactions on this site are processed using Shopify and/or Paypal and/or Amazon, secure online payment gateways that encrypts your card details in a secure host environment. If you've created and registered an account, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.

PRODUCT PRICING & DESCRIPTIONS

The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

EDITING, DELETING & MODIFICATION

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.

YOUR CONTINUED PARTICIPATION IN AND/OR WITH BoneAppetitInc, VISIT TO AND SHOPPING ON OUR SITE FOLLOWING ANY POSTED CHANGE OF NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGEMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interest, including but not limited to rights covered by Intellectual Property Rights in and to this site, as well as that you will not acquire any right, title, or interest in or to BoneAppetitInc except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUD

If fraud is detected, BoneAppetitInc shall resort to all remedies available to our company, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We do not seek to exclude our liability for fraudulent misrepresentation by us or our staff or agents. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or BoneAppetitInc, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $500 (USD) or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to BoneAppetitInc or any products/services sold and offered on our website (including, without limitation, warranties of fitness, sales, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

CONFIDENTIALITY

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to BoneAppetitInc is proprietary information of BoneAppetitInc. Customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-WAIVER

Failure of BoneAppetitInc to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of Canada, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Toronto, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

PRIVACY

BoneAppetitInc is committed to protecting the privacy of our site visitors and customers. We do not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we only have your expressed permission to do so.

YOUR PERSONAL INFORMATION

BoneAppetitInc cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to from the BoneAppetitInc website. By registering an account with us, and/or placing an order, and/or getting in touch you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit/debit card billing address(s) to process and fulfill your order. Saved card details will never be shared with third parties and will only be used to process your order, using our Payment Service Provider's systems.

We may also obtain information as a result of authentication or identity checks. We recommend your telephone number during the checkout process. This number may be given to our courier for delivery services. These details allow us to process your order and track your order in the event of a shipping delay.

COOKIES

This Site may use cookies—small information files that are sent to your computer, mobile or other device when you visit a website and will recognize your device upon future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you in an efficient site experience as well as ensuring that adverts or offers you see online are more relevant to you. By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.

MARKETING & COMMUNICATION

If you signed up for our mailing list and/or have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail or post. You will also be given the opportunity to receive such communications from us and selected third parties when you become a registered user of BoneAppetitInc. When you register, you will be given the option to opt-out of subscribing to our regular subscription service which will send you:
Email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. Marketing communications you subscribe to will only be sent by BoneAppetitInc. We offer you the opportunity to unsubscribe out of any service or update to which you have subscribed.
Should you have any questions or feedback about our Privacy Policy, or if you would like us to stop processing your information, please do not hesitate to contact our customer care at contact(at)BoneAppetitInc(dot)ca.

COMPANY INFORMATION
The website www.BoneAppetitKelowna.com and our registered domain(s), and any published works are owned by BoneAppetitInc. The company is registered in Canada.