The site is provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, VARQ hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. VARQ disclaims any and all liability for the acts, omissions, and conduct of any third party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the site and materials, programs, features, and services made available therein.
In no event shall VARQ or any of VARQ’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the site, even if VARQ has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
You agree to indemnify, defend, and hold harmless VARQ, its affiliates, its providers, and its officers, directors, employees, attoeys, and agents from and against any and all claims, damages, losses, costs (including reasonable attoeys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Site and/or materials, programs, features, and services made available therein.
COMMUNICATING WITH VARQ
This Site contains text, graphics, and html code contained on this Website are the exclusive property of VARQ (“VARQ Content”). VARQ Content is protected from reproduction and simulation under Ontario laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of VARQ .
On certain areas of the Site, you may be able to submit remarks, ideas, suggestions, (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not VARQ, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of VARQ and VARQ is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
To purchase food products, through the Website, you must not provide valid payment card and billing information. As we do not directly take online payments in any form. When you purchase items through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment ready for the total amount displayed at check out. By purchasing items through the Site, you represent and warrant to VARQ that you are capable of entering into a contract under the applicable law.
VARQ hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without VARQ’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although VARQ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VARQ or others due to such unauthorized use.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that VARQ may, in its sole discretion and without prior notice, block and/or terminate your access to the Site, mobile app, programs, and/or services if VARQ determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to VARQ. You also agree that monetary damages would be inadequate for such harm and consent to VARQ’s obtaining any injunctive or equitable relief that VARQ deems necessary or appropriate. These remedies are in addition to any other remedies that VARQ may have at law or in equity.
If VARQ takes legal action against you as a result of your violation of these Terms, VARQ will be entitled to recover from you, and you agree to pay, all reasonable attoeys’ fees and costs of such action, in addition to any other relief granted to VARQ. You agree that VARQ will not be liable to you or to any third party for termination of your access to the Site, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVEING LAW AND JURISDICTION
These Terms are goveed by Ontario law and are subject to all applicable federal, and local laws and regulations. All issues and questions conceiving the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or VARQ in connection with your use of the Site or your Submitted Content, shall be goveed by, and construed in accordance with, the laws of province of Ontario, without giving effect to the conflict of laws rules thereof, and any matters or proceedings, shall take place in the province of Ontario.
These Terms constitute the entire agreement between you and VARQ and goveing your use of the Site and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and VARQ with respect to the VARQ Site and services. Both you and VARQ acknowledge and agree that no partnership is formed and neither you nor VARQ has the power or the authority to obligate or bind the other.
The failure of VARQ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of VARQ to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local govemental authorities, or for any other reason beyond the reasonable control of VARQ shall not be deemed a breach of this agreement. If VARQ fails to act with respect to your breach or anyone else’s breach on any occasion, VARQ is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and VARQ , and are accepted by you upon your use of the Site. This agreement constitutes the entire agreement between you and VARQ regarding the use of the Site and the features therein. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.