TERMS AND CONDITIONS

Last updated: April 27, 2021

 

 

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Sun-Oka Fruit Farms Ltd. (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy, govern your use of the website www.sunokafruit.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user. 

 

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

 

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

 

These Terms are the entire “Agreement” between You and the Company with respect to the Services provided. They supersede all other communications and proposals (whether oral, written, or electronic) between you and the Company. 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 this Agreement, which shall remain in full force and effect. The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

 

 

CONTENTS BY SECTION:

  1. Definitions

  2. Use of Website

  3. Use of Free Downloadable Content

  4. Payment Services

  5. Refund Policy

  6. Disclaimer

  7. Delivery of Product

  8. Distribution of Product

  9. Disbursement of Funds

  10. Changes to Terms

  11. Warranties

  12. Limitation of Liability

  13. Availability

  14. Not Medical Advice

  15. No Guarantees

  16. Errors and Omissions

  17. Testimonials

  18. Earnings Disclaimer

  19. Malicious Code

  20. Security

  21. Indemnification

  22. Effect of Headings; Severability

  23. Entire Agreement; Waiver

  24. Governing Law; Jurisdiction; Mediation

  25. All Rights Reserved

  26. Contact Information

 

 

1. DEFINITIONS

 

  • Group” is the fundraising body. A Group consists of an “Organizer”, “Sellers”, and “Supporters”

  • Organizer” is the person who coordinates a fundraiser between your Group and Sun-Oka Fruit Farms Ltd.

  • Sellers” are parents, volunteers, staff, members or others who are part of your Group and are selling Products to raise funds for your Group.

  • Supporters” are customers who purchase Products online through the Website

  • Products” are boxes of fresh apples supplied by the Company

  • Campaign” is your Group’s fundraising program with the Company. It consists of the sales period wherein Supporters are able to make purchases of Products. The time period of your Campaign will be specified by the Company.

 

2. USE OF WEBSITE

Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.

 

The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. 

 

3. USE OF FREE DOWNLOADABLE CONTENT

 

The Company may make certain sales and marketing materials on this Website accessible to Organizers and Sellers to aid your fundraising activities. The Company grants you a limited, personal, non-exclusive, non-transferable license to use these resources for your own sales and marketing purposes. You are free to edit or modify however you like so long as you do not mislead or deceive or otherwise misrepresent the products and/or services provided by the Company.

 

4. PAYMENT SERVICES

 

Payment processing services on the Website are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). 

Standard credit card or other third-party processing fees apply. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

 

5. REFUND POLICY

The Company will honour and process refunds to Supporters who make a written request only during the Campaign sales period. At the end of the sales Campaign period all sales will be considered final and non-refundable.

Supporters who would like a refund must contact the Company by email before the end of the sales Campaign. All refunds will be processed electronically and credited back to the credit card or debit card that was used to make the purchase. Any transaction fees incurred by your purchase are not eligible for a refund. 

 

6. DISCLAIMER

 

Weather and environmental conditions can have an effect on fruit appearance and quality that is beyond our control, so while we always do all we can to grow the highest quality fruit, there may be years with lower colour and superficial markings on the skin. In other words not every apple you receive may look like the ones in the photos shown on the Website, but if there is any condition that will negatively effect the quality of the eating experience we will not ship that fruit, it will be culled.

 

In the event that the total quantity of fruit sold across all fundraising campaigns exceeds the total quantity of fruit grown by Sun-Oka Fruit Farms Ltd. that is deemed and graded to be of sufficiently high quality to include in your sale, we reserve the right to source the remaining product to make up the shortfall from one of our neighbouring orchardists whose attention and commitment to quality we feel are comparable to our own. Under no circumstances, will we substitute a different variety. All costs associated with such a purchase will be solely borne by Sun-Oka Fruit Farms Ltd. Reasons for such a shortfall may include, but are not limited to, late-season weather-related damage to the crop. 

 

7. DELIVERY OF PRODUCT

 

The delivery of your fruit will be scheduled sometime between mid-October and mid-November. We only harvest our apples when they are at optimum maturity. We do not control when the fruit reaches this stage; that is determined by weather and other environmental factors. There can be significant differences between harvest dates from one year to the next. 

 

After your sales period is finished at the end of September we will have a better idea of when our harvest will be complete and when we can begin sorting and packaging your fruit. We will work with you at this time to schedule a delivery date and time that suits your needs and preferences.

 

We are a family farm, not a shipping company. As such we will have to contract the services of one or more qualified shipping and logistics companies to arrange the delivery of your fruit. We will strive to work only with carriers that will deliver the product in a timely manner, however, there are circumstances beyond our control that may cause delay in your scheduled delivery. We are in no way liable for any loss this may cause.

 

It is the Organizer’s responsibility to determine a suitable location for delivery at the scheduled date and time. The delivery location must be easily accessible by a delivery truck and have a dry and secure area for the short-term storage of packaged product. Provide enough volunteers to assist with unloading the truck in a quick and safe manner. 

 

It is the Organizer’s responsibility to verify that the delivered load includes the correct amount of boxes. You must confirm that the number of boxes received matches the number of boxes on the order summary that we will provide you at the conclusion of your sales Campaign. Inspect the delivery to ensure no visible damage has been sustained during transit before signing-off on the delivery. Once the delivery has been signed for, the order is considered to be final.

 

8. DISTRIBUTION OF PRODUCT

 

When your sales Campaign is complete we will provide the Organizer with a printable form which lists all the registered Sellers associated with that campaign as well as how many boxes of each variety were sold by that Seller. The Organizer can use this form to keep track of Product distribution.

 

Sellers are responsible for taking delivery of all boxes of Product from the Organizer and delivering them to the appropriate buyers as soon as possible after the delivery date.

 

This fresh Product is perishable and must be handled accordingly. Sun-Oka Fruit Farms Ltd. is in no way responsible for any damage to the Product caused by mishandling or neglect during or after delivery.

 

9. DISBURSEMENT OF FUNDS

 

The money raised for your Group by your fundraising Campaign will be paid out to you shortly after the end of your sales campaign. Funds can be delivered to you either by direct electronic transfer (preferred) or by paper cheque. Electronic transfer will take 2-4 days. Please allow 3-6 weeks for a paper cheque.

 
10. CHANGES TO TERMS

We may at any time amend these Terms, including our Privacy Policy. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms and Privacy Policy.

 

11. WARRANTIES 

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

12. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH THE WEBSITE. 

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. 

IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.

 

13. AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.

 

14. NOT MEDICAL ADVICE

The information contained on this Website and in the Resources is not intended to take the place of medical advice from a health care professional. Diet and health related matters vary from person to person. Nothing on this website shall be considered, construed as, or used as a substitute for, medical advice, diagnosis or treatment. Any action taken based on the contents of this Website or the Resources is solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well-being before proceeding with any action pertaining to health-related issues. The Company assumes no liability for the use or misuse of information on this Website or in the Resources.

 

15. NO GUARANTEES

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

 

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

16. ERRORS AND OMISSIONS

We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or the Resources prior to taking any action.  

 

17. TESTIMONIALS

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

 

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers may not be representative of your tastes and/or experience. You specifically recognize and agree that the testimonials are not a guarantee of results or of satisfaction that you or anyone else will obtain by using any products or services offered on this Website or by the Company.

 

18. EARNINGS DISCLAIMER

From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Company. You acknowledge that the prior success of others does not guarantee your success.

 

As with any sales endeavour, your results may vary and will be based on your individual capacity, experience, expertise, effort and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will raise any funds at all and you hereby accept all such risk.

 

19. MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.

 

20. SECURITY

 

The security of your contact information is of utmost importance to us.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.

 

21. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

 

22. EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

 

23. ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.

 

24. GOVERNING LAW; JURISDICTION; MEDIATION

These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the Province of British Columbia and the courts of British Columbia shall have jurisdiction to hear and determine any dispute arising in relation to these Terms.  You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in British Columbia and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

 

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

25. ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by us. 

 

26. CONTACT INFORMATION

The owner of this website is Sun-Oka Fruit Farms Ltd. You may contact us by email at admin@sunokafruit.com, or by mail at 3792 Gartrell Rd. Summerland, BC V0H 1Z4