Terms and Conditions
Welcome to KitchenMix.ca. Thanks for stopping by. We invite you to access and use the
KitchenMix service but please note that your invitation is subject to your agreement with
these Terms of Use. The Privacy Policy, the Mobile Devices Terms and all policies posted
on our site set out the terms on which we offer you access to and use of our site, services,
applications and tools (collectively “Services”). You can find an overview of our
policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are
incorporated into these Terms of Use to describe your rights and our rights when using
KitchenMix services. You agree to comply with all the above when accessing or using our
Services.
Your Account. In order to access and use some or a portion of the Services, you may be
required to register with us and set up an account with your email address and a password
(your “Account”). The email address you provide will be your email address, and you are
solely responsible for maintaining the confidentiality of your password. You are solely
responsible for all activities that occur under your Account. Therefore, you should protect
your password and make your password difficult for others to guess. You will not transfer
your Account to another party without our consent.
You may connect to the Services with a third-party service and you give us permission to
access, store, and use your information from that service as permitted by that service and
as may be described in our Privacy Policy. If you believe your Account may have been
compromised or misused, contact us immediately at info@kitchenmix.ca.
Using the Services. Please share or trade unused, unopened goods and products. It is up
to the discretion of each individual, with food allergies, to research the ingredients before
acquiring products. KitchenMix is not liable for any Services user not doing their due
diligence in acquiring products.
Also, any users on special diets, whether self-initiated or physician recommended, must use
discretion in acquiring goods for themselves, if allergies are a concern. Responsibility is
solely up to the person acquiring goods to research ingredients to avoid an allergic
reaction. KitchenMix is not liable for their failure to do so. Any other user who provides food
/goods may offer the list of ingredients but is not required to do so and will not be held
responsible for any allergic reactions.
When posting in any category, you agree to adhere to appropriate behaviour and not:
● violate any laws or our Prohibited Content Policy;
● post fraudulent or misleading information;
● post disrespectful or hurtful comments;
● comments alluding to discrimination of social status of fellow users.
● infringe any third-party right;
● distribute spam, chain letters, or pyramid schemes;
● distribute viruses or any other technologies that may harm KitchenMix or the
interests or property of KitchenMix users;
● impose an unreasonable load on our infrastructure or interfere with the proper
working of the KitchenMix;
● copy, modify, or distribute any other person’s content;
● use any robot, spider, scraper or other automated means to access KitchenMix and
collect content for any purpose without our express written permission;
● harvest or otherwise collect information about others, including email addresses,
without their consent;
● bypass measures used to prevent or restrict access to KitchenMix.
We ask that posts/listings be presentable, clear photos with a plain background and should be
of a single product unless posting “like” products, for example various types of soup.
Goods are to be traded/shared as a full and complete product. No dividing or rationing ie: a bag
of flour divided into smaller bags.
No expired, opened or damaged food.
The service can be used either on a regular basis or on a “as needed” basis. There is no time
frame restrictions or quotas to achieve.
Abusing KitchenMix Services. Please use the flagging system to tell us about any
problems or offensive content so that together we can keep the Services site working
properly. We may limit or terminate our Services, remove hosted content and take technical
and legal steps to keep users off KitchenMix if we think that they are creating problems or
acting inconsistently with the letter or spirit of our policies. However, whether we decide to
take any of these steps, remove hosted content or keep a user off KitchenMix or not, we do
not accept any liability for monitoring KitchenMix or for unauthorized or unlawful content on
KitchenMix or use of KitchenMix by users.
Global Marketplace. By using the Services, you agree that your ads can be displayed on
these other sites. The terms for our other sites are similar to these terms, but you may be
subject to additional laws or other restrictions in the countries where your ad is posted.
When you choose to post your ad to another site, you may be responsible for ensuring that
it does not violate our other site policies. We may remove your ad if it is flagged on any of
our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using the Services is free. Delivery, if requested, will incur a charge to
the person requesting delivery service. In some cases, you have the option to pay for goods
in lieu of a trade. If the service you use charges a fee, you will be able to review and accept
that charge. Our fees are quoted in Canadian Dollars, and we may change them from time
to time. We will notify you of changes to our fee policy by posting such changes on the site.
We may choose to temporarily change our fees for promotional events or new services;
these changes are effective when we announce the promotional event or new service. Our
fees are non-refundable, and you are responsible for paying them when they’re due. If you
don’t, we may limit your ability to use the Services. If your payment method fails or your
account is past due, we may collect fees owed using other collection mechanisms.
Canadian taxes associated with our Services will be collected when applicable. You agree
to provide accurate address information necessary for KitchenMix to comply with its
obligations under applicable law. To the extent that such information is not provided,
KitchenMix will in its discretion determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale
of your items or services listed on KitchenMix.
While many features of the Services are available across the KitchenMix website and their
associated mobile applications, some features and functionality may vary depending on
which browser and/or which mobile device you use to access the Services.
To use certain functionality of our KitchenMix Digital Retailing you must be a resident of
Canada and capable of forming a binding contract under applicable law, including that you
are above the age of majority in the Province or Territory in which you reside. The
KitchenMix Digital Retailing may be subject to additional requirements as set out in the
KitchenMix Digital Retailing. You agree to comply with all applicable laws and regulations in
respect of any purchase you may ultimately make from a seller through KitchenMix,
including any licensing and/or insurance requirements.
Content. The Services contains stuff from us, you, and other users (as well as from our
third party service providers). You agree not to copy, modify, resell or distribute the
Services, our copyrights or trademarks. When you give us content, you are granting us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to
exercise the copyright, publicity, and database rights to that content. If you believe that your
rights have been violated, please notify KitchenMix and we will investigate the matter. We
reserve the right to remove content where we have grounds for suspecting the violation of
these terms or the rights of any other party.
Reporting Intellectual Property Infringements (Verified Rights Owners – VeRO). Do not
post content that infringes the rights of third parties. This includes, but is not limited to,
content that infringes on intellectual property rights such as copyright and trademark (e.g.
offering counterfeit items for sale). Do not post content that contains any reference to or
likeness of any identifiable third parties, unless consent has been obtained from each such
individual as may be required. We reserve the right to remove content where we have
grounds for suspecting the violation of these terms, our policies or of any party’s rights. The
following steps are for reporting a listing to KitchenMix that you believe to be infringing on
your intellectual property rights. Only the intellectual property rights owner can report of
potentially infringing items or listings through KitchenMix’s VeRO Program.
Disclaimers and Limitations of Liability. The Goods and Services are provided “as is”
and “as available”. You agree not to hold us responsible for things other users post or do.
You also agree not to hold us responsible for the payment processing of other service
providers such as Adyen (each a “Third Party Payment Processor”. For greater certainty, as
applicable, if you link a Third Party Payment Processor account to your KitchenMix Account,
you acknowledge and agree that by making payments through KitchenMix with that Third
Party Payment Processor, you are bound by that Third Party Payment Processor’s
applicable terms and conditions, and we are not liable for any loss, claims or damages
howsoever arising in connection with that third party’s services). As most of the goods and
services on the website comes from other users, we do not guarantee the accuracy,
completeness, efficacy or timeliness of any postings or user communications or the quality,
safety, or legality of what is offered. We also cannot guarantee continuous or secure access
to our Services. Notification functionality in our Services may not occur in real time. Such
functionality is subject to delays beyond our control, including without limitation, delays or
latency due to your physical location or your wireless data service provider’s network.
Accordingly, to the extent legally permitted we expressly disclaim all warranties,
representations and conditions, express or implied, including those of quality,
merchantability, merchantable quality, durability, fitness for a particular purpose and those
arising by statute. We are not liable for any loss, whether of money (including profit),
goodwill, or reputation, or any special, indirect, or consequential damages arising out of
your use of KitchenMix, even if you advise us or we could reasonably foresee the possibility
of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties
or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Indemnification. You will indemnify and hold harmless KitchenMix and its affiliates and our
and their respective officers, directors, agents and employees (each an “Indemnified
Party”), from any claim made by any third party, together with any amounts payable to the
third party whether in settlement or as may otherwise be awarded, and reasonable legal
costs incurred by any of the Indemnified Parties, arising from or relating to your use of the
Services, any alleged violation by you of the applicable terms, and any alleged violation by
you of any applicable law or regulation. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter subject to indemnification by you,
but doing so will not excuse your indemnity obligations.
Personal Information. By using Services, you agree to the collection, transfer, storage and
use of your personal information by KitchenMix.
Reviews.You may be asked to leave a review when messaging with other users on
KitchenMix. Reviews consist of a 1-5-star rating and selected reasons why you’ve chosen
that review. Your submitted review, user name, profile photo (if available), and the category
of the seller’s listing will be made public. User reviews should be left in good faith, ensuring
that both you and the other user are depicting your interaction fairly. When leaving a review
on another user’s account, the review should:
● be truthful to what happened between you and the other user
● not be left in an attempt to harass or abuse another user
● not be in left in an attempt to manipulate or mislead other users
To ensure the integrity of the review system, users are not able to edit or remove reviews on
their own profile or someone else’s. KitchenMix will also not mediate review-related
disputes. User reviews reflect the opinions of individual KitchenMix users and do not reflect
the opinion of KitchenMix.
We reserve the right to remove reviews which violate our policies or guidelines. For more
information, please read our User Review policy.
General. These terms and the other policies posted on the Services constitute the entire
agreement between us and you, superseding any prior agreements. This agreement is
governed by the laws of the Province of Ontario and the federal laws of Canada applicable
therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will
not affect your statutory rights if you are a consumer and applicable consumer law requires
application of another law for certain topics. If we don’t enforce any particular provision, we
are not waiving our right to do so later. If a court strikes down any of these terms, the
remaining terms will survive. We may automatically assign this agreement in our sole
discretion in accordance with the notice provision below (our assignment to an affiliate will
not require notice). Except for notices relating to illegal or infringing content, your notices to
us must be sent to info@kitchemix.ca
Re: User Inquiries
We will send notices to you via the email address you provide, or by registered mail.
Notices sent by registered mail will be deemed received five days following the date of
mailing. We may update this agreement at any time, with updates taking effect when you
next use the site or after 30 days, whichever is sooner. No other amendment to this
agreement will be effective unless made in writing, signed by users and by us. Send
questions, comments or complaints to KitchenMix at info@kitchenmix.ca.
Mobile Devices Terms
If you’re accessing the Services from a mobile device using a KitchenMix mobile application
(the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you
in addition to the applicable Mobile Privacy and Legal Notice or End User License
Agreement, as the case may be. Your use of the Application confirms your agreement to
these Mobile Devices Terms.
Application Use. KitchenMix grants you the right to use the Application pursuant to the
following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise
commercialize this Application or any information or software associated with this
Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this
Application in any manner that could impair the Application or interfere with any party’s use
or enjoyment of the Application. You must comply with all applicable laws and third party
terms of agreement when using the Application (e.g. your wireless data service agreement).
The Application may not contain the same functionality available on the KitchenMix website
(and certain functionality may not be available depending on which Application and/or
mobile device you are using). Your download and use of the Application is at your own
discretion and risk, and you are solely responsible for any damages to your hardware
device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. KitchenMix owns, or is the licensee to, all right, title,
and interest in and to its Applications, including all rights under patent, copyright, trade
secret, trademark, and any and all other proprietary rights, including all applications,
renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare
derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to
derive source code from any Application and you will not remove, obscure, or alter
KitchenMix’s copyright notice, trademarks or other proprietary rights notices affixed to,
contained within, or accessed in conjunction with or by any Application.
Prohibited Countries Policy and Foreign Trade Regulation – Applications. The
Application or its underlying technology may not be downloaded to or exported or
re-exported: (a) into (or to a resident or national of) any country subject to United States
embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially
Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List;
and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws.
When using the Application, you are responsible for complying with trade regulations and
both foreign and domestic laws (e.g., you are not located in a country that is subject to a
U.S. government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country, and you are not listed on any U.S. government list of
prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile
device the Application is installed on:
iOS – Apple
● These terms are an agreement between you and us, and not with Apple. Apple is not
responsible for the Application and the content thereof.
● We grant you the right to use the Application only on an iOS product that you own or
control and as permitted by the Usage Rules set forth in Apple’s then-current App
Store Media Services Terms and Conditions.
● Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Application.
● Apple is not responsible for the investigation, defense, settlement, and discharge of
any third party intellectual property infringement claim.
● Apple is not responsible for addressing any claims by you or any third party relating
to the Application or your possession and/or use of the Application, including but not
limited to: (a) product liability claims; (b) any claim that the Application fails to
conform to any applicable legal or regulatory requirement; and (c) claims arising
under consumer protection or similar legislation.
● In the event of any failure of the Application to conform to any applicable warranty,
you may notify Apple, and Apple may refund the purchase price, if applicable, for the
Application to you; and to the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the Application.
● Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and, upon
your acceptance, Apple as a third-party beneficiary thereof will have the right (and
will be deemed to have accepted the right) to enforce these terms against you.
Android – Google
● These terms are an agreement between you and us, and not with Google. Google is
not responsible for the Application and the content thereof.
● Your use of the Application must comply with Google’s then-current Google Play
Store Terms of Service;
● Google is only a provider of the Google Play Store where you obtained the
Application;
● Google has no obligation or liability to you with respect to the Application or these
terms; and
● You acknowledge and agree that Google is a third-party beneficiary to these terms
as it relates to the Application.
Last Modified: April 12, 2022