PRIVACY AND USE OF INFORMATION

Island Abbey Foods Ltd. is committed to protecting your privacy, and providing our customers with a secure, private, and enjoyable online shopping experience. Island Abbey Foods Ltd. will not rent, sell or share your information with any third party. Information that you supply to us either by telephone, fax, email or the internet will be used to process your order or to contact you regarding a specific transaction. We will contact you by email to confirm your order. We may contact you by email for any other matters required to properly process your order. We may also notify you by email about new products, special offers and information that might be of interest to you. If you do not wish to receive these notifications, you may notify us by email. General information that we gather from our web site may be used to improve our services and your personal experience. This data is generally used in the aggregate to give us information about the users who visit our site and use our services. This data is anonymous and does not contain any personally identifiable information.

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Island Abbey Foods Ltd. web site located at www.islandabbeyfoods.com, and all associated sites linked to www.islandabbeyfoods.com by Island Abbey Foods Ltd., its subsidiaries and affiliates, including Island Abbey Foods sites around the world (collectively, the “Site”). The Site is the property of Island Abbey Foods Ltd. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Island Abbey Foods reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Island Abbey Foods grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Island Abbey Foods, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Island Abbey Food’s express prior written consent.

You may use information on Island Abbey Foods products (such as sales and marketing data sheets, images, articles, and similar materials) purposely made available by Island Abbey Foods for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Island Abbey Foods reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Island Abbey Foods server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Island Abbey Foods, including any Island Abbey Foods account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Island Abbey Food’s systems or networks, or any systems or networks connected to the Site or to Island Abbey Foods.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Island Abbey Foods on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Island Abbey Foods or others.

Links to Other Sites and to the Island Abbey Foods Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Island Abbey Food’s control, and Island Abbey Foods is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ISLAND ABBEY FOODS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ISLAND ABBEY FOODS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ISLAND ABBEY FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISLAND ABBEY FOODS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ISLAND ABBEY FOODS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ISLAND ABBEY FOODS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Island Abbey Foods reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Island Abbey Foods be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Island Abbey Foods has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Island Abbey Foods is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Island Abbey Food’s liability shall in no event exceed the greater of (1) the total of any online sale or similar fees with respect to any purchase of or on the Site paid in the six months prior to the date of the initial claim made against Island Abbey Foods, or (2) CDN$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Island Abbey Foods, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Island Abbey Foods by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Island Abbey Foods may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Island Abbey Food’s rights or property, or the rights or property of visitors to or users of the Site, including Island Abbey Food’s customers. Island Abbey Foods reserves the right at all times to disclose any information that Island Abbey Foods deems necessary to comply with any applicable law, regulation, legal process or governmental request. Island Abbey Foods also may disclose your information when Island Abbey Foods determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Island Abbey Foods may preserve any transmittal or communication by you with Island Abbey Foods through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Island Abbey Foods determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Island Abbey Foods, its employees, users of or visitors to the Site, and the public.

You agree that Island Abbey Foods may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Island Abbey Foods, for which monetary damages would be inadequate, and you consent to Island Abbey Foods obtaining any injunctive or equitable relief that Island Abbey Foods deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Island Abbey Foods may have at law or in equity.

You agree that Island Abbey Foods may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Island Abbey Foods does take any legal action against you as a result of your violation of these Terms of Use, Island Abbey Foods will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Island Abbey Foods. You agree that Island Abbey Foods will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the province of Prince Edward Island. You agree to the personal jurisdiction by and venue in the provincial court in Charlottetown, Prince Edward Island and waive any objection to such jurisdiction or venue.

If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Island Abbey Foods may, at its sole option, at any time, enact changes to these Terms without prior notice.

Dated at Charlottetown, PE, July 6, 2011.

Updated August 2015