Please Read Carefully Before Using This Website:

These terms and conditions of use (the "Terms of Use") apply to your access to and use of any materials, content or services provided through the website located at https://www.amyskitchen.ca and such other websites and locations as may be available from time to time (collectively, the "Website") operated by Amy's Kitchen, Inc. ("Amy's Kitchen," "we," "us," "our").

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU OR IF ANY REPRESENTATION MADE BY YOU HEREIN IS NOT TRUE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

1. Changes To Terms

Amy’s Kitchen may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website are conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

2. Privacy Policy

You acknowledge that you have read the Website Privacy and Cookies Policy located on the Website at https://www.amyskitchen.ca/privacy-policy as it may be updated from time to time (the "Privacy Policy"), which is incorporated herein by reference and forms an integral part hereof, and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in these Terms of Use.

3. Jurisdiction

The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Amy’s Kitchen makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse-engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Amy’s Kitchen shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Amy’s Kitchen is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print-out of this Site, or portions of the Site, must include Amy’s Kitchen’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish or license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Amy’s Kitchen. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute or publicly display or operate this Website without the prior written permission of Amy’s Kitchen. You may not use a part of this Website on any other Website, without Amy’s Kitchen’s prior written consent. Amy’s Kitchen respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contactus@amys.com.

6. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Amy’s Kitchen does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to the Website and the products and services Amy’s Kitchen offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Amy’s Kitchen reserves the right to terminate any link or linking program at any time. Amy’s Kitchen disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without Amy’s Kitchen’s written permission. If you are interested in linking to this Website, please contact contactus@amys.com.

7. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Amy’s Kitchen that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from Amy’s Kitchen through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials or any other forms of solicitation to other users is prohibited. Enquiries regarding a commercial relationship with Amy’s Kitchen should be directed to: contactus@amys.com.

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NON-INFRINGEMENT, ALL OF WHICH AMY’S KITCHEN EXPRESSLY DISCLAIMS. AMY’S KITCHEN DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND AMY’S KITCHEN WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. AMY’S KITCHEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY AMY’S KITCHEN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Amy’s Kitchen. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Amy’s Kitchen.

12. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

13. User Disputes

You are solely responsible for your interactions with other users. Amy’s Kitchen reserves the right, but has no obligation, to monitor disputes between you and other users.

14. User Submissions And Communications; Public Areas:

You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Amy’s Kitchen or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Amy’s Kitchen by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Amy’s Kitchen a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Amy’s Kitchen may sublicense its rights through multiple tiers of sublicences. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Amy’s Kitchen by email. We try to answer every email in a timely manner but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off-topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Amy’s Kitchen has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Amy’s Kitchen reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in public chat rooms.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c) Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use.

(d) Terminate a user's access to any or all Public Areas and/or the Amy’s Kitchen Website upon any breach of these Terms of Use.

(e) Monitor, edit or disclose any communication in the Public Areas.

(f) Edit or delete any communication(s) posted on the Amy’s Kitchen Website, regardless of whether such communication(s) violate these standards.

Amy’s Kitchen reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Amy’s Kitchen has no liability or responsibility to users of the Amy’s Kitchen Website or any other person or entity for performance or nonperformance of the aforementioned activities.

15. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. AMY’S KITCHEN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF AMY’S KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS, CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY AMY’S KITCHEN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

16. Indemnity

You agree to defend, indemnify, and hold Amy’s Kitchen, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

17. General

Interpretation – In these Terms of Use, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms of Use, (ii) the word “including,” the word “includes” and the phrase “such as,” when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in Canadian dollars.

Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use. Our rights, powers and remedies in these Terms of Use, including, without limitation, the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability – If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof, and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Advertising – We shall have the right, without notice, to insert advertising data into the Website, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party 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 we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.

Notifications – Subject to our Privacy Policy and applicable laws, we may provide you with notifications via email, in hard copy or through conspicuous posting of such notice on the Website as we may determine in our sole discretion.

Jurisdiction – You hereby irrevocably consent to the jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Terms of Use.

Assignment and Inurement – We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Use without our prior, written consent. These Terms of Use will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms of Use shall survive termination or expiration of these Terms of Use.

Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms of Use or your use of the Website.

Entire Agreement – These Terms of Use, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms of Use and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

18. Contact us:

If you would like to request additional information regarding these Terms of Use, please contact us at contactus@amys.com.