Terms of use

Pineview Orchards Inc. (“PINEVIEW ORCHARDS”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.PINEVIEWORCHARDS.CA (“WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.   

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY PINEVIEW ORCHARDS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.  IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE THE WEBSITE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE WEBSITE OR SERVICES.

The Service.  Pineview Orchards provides a subscription based distribution and delivery service for local fruits and vegetables products. This service allows members  (“Users” / “You”) to select a share size (half or full), delivery or pickup through the Website and then at during the 11 week season you will have your box delivered on the day we specify or pickup on the day you choose (Tues or Thurs).

Registration.  In order to register for an account and start using the Pineview Orchards Services, you must be at least eighteen years old (18) and have a valid credit card or PayPal account. When you subscribe to our Services, you will be required to submit your name, credit card information, address, phone number and email address. Any personal information that you submit during the registration process will be treated in accordance with the terms of our Privacy Policy, which you should read carefully.  When you register you will be required to select a password. You are responsible for all activity occurring on your account, and accordingly, you should make sure to choose a strong password, which you should keep secure and not share with any other person.

Deliveries.  When you register for the delivery service, you can expect your weekly share/box to be delivered to the address that you provide us during the registration process. In no circumstances shall Pineview Orchards be held liable for any problems, claims, losses, injuries, illness or other damage to the products arising from your failure to retrieve them from your address and/or ensure they are refrigerated or frozen in the necessary amount of time after the delivery is made.

User Conduct. In using the Services, you agree that you will provide true, correct and accurate information when registering and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations at all time during when using the Services and during any other dealings with Pineview Orchards.

Restrictions on Use of the Service. Pineview Orchards reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.   

In using the Website and Service You shall not:

copy any content unless expressly permitted to do so herein;

upload, post, email, transmit or otherwise make available any material that:

is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);  
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or

interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;  

intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;

modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Pineview Orchards Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

Pineview Orchards reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of the User Conduct terms of section 4 or this section 5.  

End User License.  The Website and Services and the information and materials contained therein, are the property of Pineview Orchards and its licensors, and are protected from unauthorized copying and terms of this Agreement, Pineview Orchards grants you a non-transferable, non-exclusive, license to use the Website for your use. Nothing in the Terms gives you a right to use the Pineview Orchards or Pineview Orchards names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

Payments. All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to your credit card on the day that you register for our services.

Vouchers, Coupons, and Promotional Discount Codes. Only 1 voucher, referral, discount or promotional code can be used per order/subscription. Promotional codes  and referral codes are not applicable to “one-off boxes”, “bulk orders”, or “small boxes”.

Pineview Orchards may vary or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change will take effect immediately, unless stated otherwise. 

No returns. We cannot accept returns of any products delivered to you, and accordingly, it is not Pineview Orchards policy to provide refunds if you are dissatisfied with the products you receive.    

Term. This agreement commences on the date it is entered into by you and shall continue until terminated by one of the parties in accordance with these Terms of Use.

Feedback.  If You provide Pineview Orchards with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback“), Pineview Orchards may use such Feedback in the Website or in any other Pineview Orchards products or services (collectively, “Pineview Orchards Offerings“). Accordingly, You agree that: (a) Pineview Orchards is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Pineview Orchards, (c) Pineview Orchards (including all of its successors and assigns and any successors and assigns of any of the Pineview Orchards Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Pineview Orchards Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Pineview Orchards or any of the other users of the Website in respect of the Feedback.

Advertising. You acknowledge and agree that the Website may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Pineview Orchards shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials, if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites.  This Website may contain links to other websites that are not owned or controlled by Pineview Orchards.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Pineview Orchards of that third party, third party product or service.  Pineview Orchards is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Pineview Orchards endorses or accepts any responsibility for the content or use of such websites, and You hereby release Pineview Orchards from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

Products Disclaimer.  Pineview Orchards provides a distribution and delivery service for the products sold on the Website.  All our products are purchased from third party suppliers and we do not produce any of the products that are available for purchase on the Website and Services. Accordingly, while we vet our third party suppliers according to certain criteria, we do not control the preparation of the products by our third party suppliers and do not inspect or test the products we sell on the Website and Services. We make no representations or warranties about the fitness or quality of the products received by you. We strongly encourage you to use common sense and judgment before consuming any of our products and to exercise care in preparing the products for consumption. Pineview Orchards expressly disclaims any and all liability or responsibility for any claim, loss, injury, illness, harm, or other damage that may arise as a result of your consumption of the products. Once delivered, You are solely responsible for preparing the products, including but not limited to ensuring the products are properly cooked. You understand and acknowledge that consuming raw or undercooked products can lead to an increased risk of food borne illness and you further understand and agree that Pineview Orchards shall not be liable or responsible in anyway for any claim, injury, loss, harm, illness or any other damage that may arise as a result of Your preparation of the products. Pineview Orchards also expressly disclaims any claims, losses, damage, injury, illness, or other harms that may arise as a result of damage to the products after they have been delivered to a carrier and while they are in transit, unless such a claim is the result of defective packaging of the products.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE WEBSITE AND SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.”  PINEVIEW ORCHARDS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  PINEVIEW ORCHARDS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PINEVIEW ORCHARDS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  PINEVIEW ORCHARDS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PINEVIEW ORCHARDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, (VI) ANY DAMAGE THAT OCCURS TO THE GOODS WHILE THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO A CARRIER, (VII) ANY PRODUCT LIABILITY CLAIMS ARISING IN CONNECTION WITH THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO THE PRODUCTS’ FITNESS FOR CONSUMPTION.  THESE LIMITATIONS SHALL APPLY EVEN IF PINEVIEW ORCHARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PINEVIEW ORCHARDS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PINEVIEW ORCHARDS IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD PINEVIEW ORCHARDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination. Pineview Orchards may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Pineview Orchards (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Pineview Orchards), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by Pineview Orchards in its sole discretion and that Pineview Orchards shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these terms of use by Pineview Orchards shall be in addition to any and all other rights and remedies that Pineview Orchards may have.

Availability & Updates.  Pineview Orchards may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  Pineview Orchards may periodically add or update the information and materials on this Website without notice.

Security.  Information sent or received over the Internet is generally unsecure and Pineview Orchards cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure.  Pineview Orchards will not be liable for any loss or damage arising from your failure to comply with these requirements.

Survival.  In addition to Sections 14, 15, 16 and 17, all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination.  All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.

General.  These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Pineview Orchards.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of Pineview Orchards to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Pineview Orchards must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the terms of use, or any rights or licenses granted here under, whether voluntarily, by operation of law, or otherwise without Pineview Orchards prior written consent. Except as expressly provided in this Agreement, all amounts in this Agreement are stated and shall be paid in Canadian currency. The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Pineview Orchards Website or Service, please contact us at: info@pinevieworchards.ca

Effective Date: March 4, 2019