Website & Company Terms and Policies
For the purpose of this statement Aliya's Foods will be known as “THE OWNER”.
The Agreement applies to the use of the Aliya’s Foods Website at www.ChefBombay.com, www.aliyasfoods.com, www.aliyasfoodsusa.com and all affiliated websites owned and operated by Aliya’s Foods Limited (collectively, the “Website”), by any user for use on any electronic computing device and mobile computing device, including but not limited to, smart phones and tablet, laptop and desktop computers. You acknowledge that you have read, understood and agree to be bound by the Agreement.
Please read the Agreement carefully. By accessing the Website and any of the corresponding services, you agree to acknowledge, accept and comply with the Agreement.
By accessing the Website, you represent and warrant to Aliya’s Foods that you have the right, authority and capacity to agree to and abide by the Agreement, and you will use the Website in a manner consistent with any and all applicable laws and regulations.
By accepting the Agreement, you are given a limited right and permission to use the Website subject to any limitations, conditions and restrictions established by Aliya’s Foods from time to time, in the sole discretion of Aliya’s Foods. Aliya’s Foods may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database or content of or on the Website. Aliya’s Foods may also impose limits on certain features and aspects of the Website or restrict your access to parts or all of the Website without notice or liability and for any reason.
Aliya's Foods Website
Aliya’s Foods provides the Website to you for the purpose of providing you with information about Aliya’s Foods, its employees, and the food products sold by Aliya’s Foods and to allow you to contact us via an imbedded form. The Website provides you with details about the ingredients and nutritional content of specific products made and offered for sale by Aliya’s Foods, subject to modifications.
The Website may not contain the most up to date information and nutritional facts about a particular product as Aliya’s Foods may modify the content of any product from time to time. For the most up to date information and nutritional facts about any product listed on the Website, you must contact Aliya’s Foods directly or check the current packaging of the product. We may change the ingredients and nutritional values in a particular product shown on the Website without notice to you. You agree to review the packaging of a particular Aliya’s Foods product or to contact Aliya’s Foods directly from time to time and before ordering the product to make yourself aware of such modifications. You agree not to rely on the ingredient list and nutrition facts of any particular product shown on the Website.
Errors or Omissions
The Website may contain typographical errors, inaccuracies or omissions and may not be complete or correct. Such errors, inaccuracies or omissions may relate, for example, to product description, pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies and to change or update the information on the Website at any time, without prior notice to you.
While Aliya’s Foods strives to keep all content current and correct, Aliya’s Foods makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of information, products, services, or related graphics contained here or on any of the websites. Aliya’s Foods will not be liable in any way and to any person for the access or use of the Website, including, but not limited to, errors or omissions in any information sources.
Code of Conduct
You agree to use the Website in accordance with the following Code of Conduct:
- You will not use the Website to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
- You will not post, promote or distribute information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
- You will not use the Website to infringe the privacy rights, intellectual property rights, or any other rights of any person.
- You will not use the Website in any manner that impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity.
- You will not use the Website to promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices.
- You will not forward chain letters, junk mail or spam e-mails through the Website.
- You will not use the Website in any manner intended to defraud, swindle or deceive any person or entity, including other users of the Website.
- You will not use the Website to access or disseminate another person's personal Information.
- You will not use the Website to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of the Website, or cause injury to Aliya’s Foods, the computer network or systems, or any other users systems in any way.
- You will not cause the Website to be accessed through any automated or robotic means, including but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Website.
- You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing any portion of the Website to you.
- You will not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Website. You will use the Website and any contents of the Website solely for lawful purposes.
- You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content.
- You will not take any action to interfere with, or disrupt, the Website or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to the user under the Agreement. No permission is given to you to link or provide references to Website and to use any of Aliya’s Foods's intellectual property rights, including trademarks and trade names to provide such links or references, unless you have written agreement and permission from Aliya’s Foods.
Third Party Changes
You understand and acknowledge that using the Website is at your risk. You are responsible for any and all fees or charges, or both, that arise out of your use of the Website, including but not limited to the fees and charges associated with your wireless carrier. You must contact your wireless carrier and any other applicable service provider directly for more details.
- Consent to Use of Data. You agree that Aliya’s Foods may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to the Website. Aliya’s Foods may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- For content that is covered by intellectual property rights, like photos and videos (“IP Content”), you specifically grant Aliya’s Foods a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Aliya’s Foods.
- When you delete IP Content, you understand that removed content may persist in backup copies for an indefinite period of time.
- When you publish content or information on a public page on the Website, it means that you are allowing everyone to access to and use of that information, and to associate it with you.
- By clicking “like” for Facebook, Twitter, Linked In, or Google +1, or the equivalent for any social media on the Website you grant Aliya’s Foods permission to post to your social media account on your behalf.
- By providing email addresses or uploading a .csv file you are giving Aliya’s Foods permission to send an email to that/those address(es) on your behalf.
Canada’s Anti-Spam Legislation. By contacting us using the Website to ask a question or make a comment, or by making any other request through the Website, you agree to receive a response from us using the contact information that you provided to us or any other contact information we have previously received from you, including by e-mail or text message.
Pursuant to Canada’s Anti-Spam Legislation, you agree to receive commercial electronic messages such as emails and text messages for the purposes related to the Agreement and the use of the Website from Aliya’s Foods. You may withdraw this consent by written notice to Aliya’s Foods using the contact information indicated in Section 18.
Intellectual Property Rights
- License. Subject to the Agreement, Aliya’s Foods grants you a non-exclusive, non-transferable, revocable license to use the Website on your compatible mobile, desktop or other electronic devices.
- Use of Website. The Website and all of its contents are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and are owned, controlled, and/or licensed by Aliya’s Foods and/or its affiliates or licensors. The Website and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trademarks, signs, logos, or other names or copyright in the content in the Website without the expressed written consent of the applicable rights holder.
- Our IPR. The content and design of the Website are protected by Canadian and international copyright laws. Aliya’s Foods is the sole and exclusive copyright owners of the Website and its content, including, but not limited to, visual interfaces, interactive features, text, graphical content, design, products, video, and data (“Our Content”). You may not copy, reproduce, republish, upload, post, display, transmit or frame any of Our Content without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Aliya’s Foods or an affiliated Aliya’s Foods entity. You understand and agree that nothing in the Agreement assigns or transfers any rights, title or interests to the content or materials on the Website to you or any other user of the Website. Aliya’s Foods neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Aliya’s Foods. You may use the information on the Website solely for your personal, non-commercial use. You agree not to use, display, distribute, modify, reproduce, reformat, sell, or promote Our Content in any way except as expressly authorized by Aliya’s Foods. Except as otherwise authorized by Aliya’s Foods, Aliya’s Foods does not grant you any express or implied right or license to the Website, Our Content, or Aliya’s Foods intellectual property rights.
- Your IPR. You own all of the content that you submit to the Website (“Your Content”). You specifically grant Aliya’s Foods, users of the Website, third party websites, mobile applications and any other entity that obtain Your Content from the Website, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of Your Content posted on or in connection with Aliya’s Foods. You irrevocably waive any claims or assertions any legal right that you may have in respect of the use of Your Content. You represent and warrant that you are the sole author of Your Content or have been provided express rights or permission from the rights holder to submit Your Content.
Termination of Use
- Aliya’s Foods reserves the right to change, suspend or discontinue any or all aspects of the Website at any time without prior notice to you and without reason or explanation. The Agreement will terminate immediately if Aliya’s Foods becomes bankrupt, is sold or dissolves.
- If you are dissatisfied with the Website or the Agreement, your sole and exclusive remedy is to discontinue the use of the Website. In such an event, you agree to destroy and cease all use of all materials and intellectual property rights of Aliya’s Foods obtained by you from the Website and all copies thereof.
- These provisions shall survive the termination of the Agreement, however caused.
YOU UNDERSTAND AND AGREE THAT ALIYA’S FOODS WEBSITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE ALIYA’S FOODS WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR OWN RISK. ALIYA’S FOODS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE OR ANY PRODUCT, MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. ALIYA’S FOODS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE HAS BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PRODUCTS LISTED ON THE WEBSITE AND ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY INACCURACY, ERROR OR MISTAKE OF CONTENT, FOR ANY INJURY THAT ARISES OUT OF THE USE OF OR ACCESS TO THE WEBSITE, AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE ALIYA’S FOODS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN ADDITION, ALIYA’S FOODS DOES NOT GUARANTEE THAT USE OF THE WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, SERVICE VIRUSES OR WORMS, OR LOSS OF DATA OR CONTENT, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
You agree that you will indemnify and hold harmless Aliya’s Foods, its directors, officers, employees and agents against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by any person arising or relating to your breach of the Agreement or materials you have posted or any other action taken by you in relation to the Website.
Limitations of Liability
Links to Third Party Websites
- The Website may contain links to other applications or websites operated by third parties, including but not limited to third party websites that may display the Aliya’s Foods trade-marks (“Third Party Websites” or “Third Party Website”). These links are available for your convenience and are intended only to enable access to these Third Party Websites and for no other purpose.
The Agreement represents the entire agreement between you and Aliya’s Foods regarding the use of the Website and supersedes any other agreement or understanding on the subject matter. There are no representations or warranties or promises, express or implied, statutory or otherwise and no collateral agreements other than as expressly set forth or referred to in the Agreement.
Dispute Resolution and Governing Law
Any dispute, controversy or claim arising under, out of or relating to the Agreement or in respect of any legal relationship associated with or derived from the Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, and any non-contractual claims, shall be referred and finally and exclusively determined by arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitral tribunal shall consist of a single arbitrator. The Seat of Arbitration shall be Edmonton, Alberta. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of Alberta and Canada.
The parties hereto acknowledge that they have required this Agreement to be drawn up in the English language. Les Parties aux présentes ont expressément requis que cette entente soit rédigée en anglais.
- We may give any notice required by this Agreement by means of a general notice on the Website or, if you have provided such contact information to us by any means, by electronic mail to your e-mail address, text message to your mobile telephone number, or by written communication by mail or courier sent to your address. Such notice shall be deemed to have been given immediately after sending by electronic mail or text message or on delivery if sending by mail or courier.
- You may give any notice required by this Agreement to Aliya’s Foods by written communication in electronic mail using the contact information indicated in Section 18 and such notice shall be deemed to have been given 48 hours after such notice has been sent.
- To the extent permitted under applicable law, you and Aliya’s Foods may communicate with each other by electronic means and such communication is acceptable as a signed writing.
- If you have any questions or concerns about the Agreement or the Website, you may contact Aliya’s Foods by using the imbedded “Contact Us” form on the Website.
What Information is Being Collected and Why?
- Everyone has rights with regard to how their personal information is handled. Personal information includes information about an identifiable individual such as name, age, and identifying information and identification numbers.
- Any personal information that is provided by you to us is collected, used, and disclosed in accordance with applicable laws.
- We collect the following information about you:
- Information provided by you. You may enter information on the Website or provide information to us by mail, e-mail, telephone, or any other way, that would allow us to identify you or to contact you. For example, we collect your e-mail address and any personal information you provide when you contact us by e-mail or by using our “Contact Us” page on the Website. We collect this information from you so that we may respond to your question, comment or other query. If you do not want us to collect this type of information, you can choose to not submit it to us.
- Information gathered electronically by us. When you visit the Website to browse, read pages, or download information, the following information about your visit may be collected for the purpose of understanding the value of the Website to users by providing us with data on website usage such as:
- The date and time of your visit;
- IP Address;
- Location of IP address;
- The pages on the Website that you visit; and
- Which links were clicked (tracked by IP address).
- We do not collect or share individualized usage data. The information is collected and used only in aggregate form to help us understand how users use the Website, including to help us understand the number of users that access the Website, the pages that are most commonly viewed, and the number of users from Canada and elsewhere. We do not use the Website usage data to determine your identity unless required to do so as part of an internal investigation or other law enforcement purpose or as otherwise required by law.
Presence of Cookies To Collect Website Usage
- We may share your personally identifiable information with third parties who we have engaged to help us provide the Website such as Google Analytics. In each case, we will ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the Website. We may provide third parties with aggregate statistics about our visitors, traffic patterns and related Website information. These data reflect site-usage patterns gathered during visits to the Website each month, but they do not contain behavioral or identifying information about any individual member unless that member has given us permission to share that information. To help us determine the effectiveness of the Website, we may work with web analytics tools hosted by third parties who receive non-identifiable information from your browser, including the Website or the advertisement you came from, your IP address, your general geographic location, your browser and platform information, and the pages you view within the Website.
We will retain your information for as long as needed to provide you the Website, comply with our legal obligations, resolve disputes and enforce our agreements. Except as provided for or required under applicable law, we will not share any personally identifiable information we receive from you with any parties outside of Aliya’s Foods.
Accessing Your Information
If you have any questions about, wish to make any changes to, or correct any of the personal information that we maintain about you, you may contact us using the contact information indicated in Section 6.
Any questions or concerns about the operation of this Policy or the Website, you may contact Aliya’s Foods by using the imbedded “Contact Us” form on the Website.