Terms & Conditions
Terms and Policies
Thank you for visiting our website and reviewing our Terms and Policies. Please be advised that you may only use this website if you agree to the following terms and provisions of Homegrown Foods Ltd. (hereinafter “Homegrown”) as set out below. Review these terms carefully. If you access this website or web page you are accepting and agreeing to comply with the following. If you do not agree with these terms, you are not permitted to use of this site. These terms may change from time to time. You should visit this web page periodically to review the terms that govern your transactions and are binding upon you.
DISCLAIMER
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, OR SUITABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THIS SITE.
Orders and Transactions
It doesn't happen very often, but if you find an error in your order, phone us within one week of receiving it and we will correct it as soon as possible.
Homegrown’s points programs is only available to walk in customers, points will not be credited or awarded for on-line purchases.
Homegrown transactions are settled in Canadian Dollars.
Also note that Homegrown reserves the right to refuse the processing or shipment of an order for any reason.
*Please note that all International orders are final.
Returns
Unopened products may be returned within 30 days of the original purchase date. Please phone us ahead of time. A 20% restocking fee applies, unless modified or waived at our sole discretion. The cost of shipping is non-refundable. Clearance or discontinued products may not be returned.
*Please note that all International orders are final.
On-line and in-store purchases
Homegrown’s inventory is handled by our point of sales system and on the occasion the last item of one product is purchased on-line and in store before the on-line order has been fulfilled the customer at Homegrown’s retail location will be given preference over a web order. This is a rare situation and the online customer will receive a notification of their order’s status.
Consumers taking advantage of special features such as Shop On-Line, in-store specials, and coupon offerings do so at their own risk and shall hold Homegrown Foods Ltd, as site service provider, harmless from any and all liability including, but not limited to, any health claims regarding products posted on retailer sites as well as pick, pack, payment, and delivery functions.
Privacy policy
Homegrown is committed to protecting the privacy rights of all visitors to their website. The following is an outline of our policies regarding the use and/or disclosure of any personal information received by Homegrown via this website.
Consent
By providing your personal information to Homegrown, you deemed to have consented to its collection and use of the information you provide, in accordance with the following terms and restrictions.
Use
Homegrown may use your personal information in order to send out newsletters and other news updates. Homegrown may also use any personal information provided to better understand you and your objectives in accessing Homegrown’s website, so as to better assist you and improve on our products and services.
Homegrown reserves the right to utilize your personal information and to disclose it where required to do so by law, or because of any lawful request from the government, or as a result of a merger or company buy-out.
Protection of Personal Information
Your personal information will not be used for external marketing purposes; we will never sell or otherwise distribute your personal information, including your email address, to third parties for other marketing purposes.
As we are part of the Health First Network, if you choose to sign up for our newsletter, you will be directed to Health First’s website where Health First will collect and retain the information you provide. Health First will forward to us the information you provide. We will use this information only in accordance with this policy. A link to Health First’s privacy policy is listed below for details governing how they may use the information you provide.
Personal Information and Internet Transmissions
Transmission of personal information via the internet is not a secured form of communication. Homegrown will make commercially reasonable efforts to protect your personal information. You agree to not hold Homegrown liable or any damage or loss you may experience as a result of such transmissions.
Access to Personal Information
You have a right to the personal information retained by Homegrown. You have the right to request that it be corrected if you believe it to be inaccurate. Homegrown will make commercially reasonable efforts to respond in a timely manner to all such requests. Should Homegrown be unable to comply with a particular request, a response will be provided explaining why the request cannot be met.
Accessing our website
THIS SITE IS PROVIDED BY HOMEGROWN ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMEGROWN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. HOMEGROWN MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY CONTENT OR SERVICES ACCESSED FROM THE WEBSITE WILL BE FREE FROM ERRORS OR AVAILABLE UNINTERRUPTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK and you are responsible for complying with any local laws that may BE APPLICABLE TO THE AREA IN WHICH you are located. HOMEGROWN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED REGARDING THE MERCHANTABIITY OR FITNESS FOR A PARTICULAR PURPOSE.
HOMEGROWN DOES NOT WARRANT THAT THIS SITE, THE SERVERS USED, OR E-MAIL SENT FROM HOMEGROWN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOMEGROWN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
BE ADVISED THAT HOMEGROWN RETAINS THE RIGHT TO DISABLE ACCESS, REMOVE OR DISCONTINUE THIS WEBSITE OR ANY CONTENT CONTAINED HEREIN WITHOUT NOTICE.
You agree not to hold Homegrown responsible for any loss, injury, claim, liability, or damage of any kind (including monetary or health issues) resulting from, arising out of, or in any way related to:
1. The unavailability of this website or any portion of this website;
2. Your use of this website;
3. Your use of any equipment or software in connection with this website;
4. Any transactions that occur between Homegrown and customer; or
5. The content of this website, including but not limited to information posted by any 3rd party.
This website is designed for and intended for use by adults. If you are under 18, you may use this site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
With the exception of applications commonly known as Web Browser software, or other applications formally approved by Homegrown in writing, you agree not to use any software, program, application or any other device to access or log on to Homegrown’s computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Homegrown's computer systems, Web site or proprietary software. Homegrown is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Some of the information on the website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Homegrown and our affiliates without express written consent. You may not use Homegrown’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Homegrown in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Homegrown.
Products or services offered on this website are intended to be offered only in the jurisdictions where they may legally be offered for sale. The information on this website shall not be deemed an offer or solicitation to any parties to whom a solicitation or offer would be unlawful.
By utilizing Homegrown’s website, you understand and acknowledge that Homegrown employs the following services, and you agree to be bound by and comply with the terms and policies of those services, as they may apply to your use of Homegrown’s website:
Google Analytics - http://www.google.ca/analytics/terms/us.html
Shopify - http://www.shopify.ca/legal/terms
Health First Network - http://www.healthfirst.ca/PrivacyPolicy.aspx
Home Delivery Management - http://www.homedeliverymanagement.com
Cookies
Please be advised that Homegrown’s website uses cookies. Cookies are small files that are sent to your browse and then stored in your computer. Cookies allow for the tracking of information, and assist in customizing Homegrown’s website to personal preferences. Should you not want to receive cookies, most web browsers will allow you to change the settings to prevent you from receiving cookies, or notify when they are being sent. You may choose not to accept cookies from this website and still be able to access the website, but please be advised this may affect and limit your use of the website.
Credit card security
We work to protect the security of your information so that no part of your Credit Card can be read during transmission by using Secure Sockets Layer (SSL) encrypting software. Credit Card payments are processed only when we have completed your order according to your instructions. You will be notified when the order has been processed and your Credit Card has been charged. If you have any questions about the charges on your Credit Card, please contact us via e-mail (online@homegrownfoods.ca) or telephone (780-963-5305) and provide us with your name and your Order Number.
Other businesses and links
Parties other than Homegrown may provide services, or sell product lines on this site. In addition, Homegrown may provide a link to other services or sites as part of the website. Such sites are not under the control of Homegrown, and Homegrown makes no representations or warranties whatsoever regarding the offerings of any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that Homegrown has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Homegrown so long as the link does not portray Homegrown, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Homegrown logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to Homegrown in any way that suggests Homegrown has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
Advertising Standards
We are committed to maintaining the highest standards for advertising however, we are not responsible for our advertisers, their products or services.
All advertiser claims regarding ingredients, potency, formulation and product testing must be verifiable. The advertiser must be able to substantiate and authenticate these claims to Homegrown and to site users upon request.
All advertiser claims regarding how products are grown, tested or manufactured must be in accordance with principles and standards established by the appropriate governmental and regulatory agencies and organizations.
Homegrown makes no warranty or guarantee for the accuracy of labelling, content, or quality of any products or services advertised on retailer's site
Content submissions policy
The website may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Homegrown reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Homegrown and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Homegrown and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own 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 this policy and will not cause injury to any person or entity; and that you will indemnify Homegrown or its affiliates for all claims resulting from content you supply. Homegrown has the right but not the obligation to monitor and edit or remove any activity or content. Homegrown takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, Homegrown is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Homegrown for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Intellectual Property
All site materials, including trademarks, logos, and other intellectual property relating to Homegrown are the exclusive property of Homegrown. Trademarks, logos, and other intellectual property belonging to third parties on the website are also the exclusive property of their respective owners.
Homegrown’s site designs, logos, trademarks, page headers, custom graphics, and icons may not be copied, imitated, or used, in whole or in part, without the prior writer consent of Homegrown. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Homegrown.
You are granted a non-exclusive right to use the information provided on this website for your own personal use, as permitted by these Terms and Policies. Your use of the website does not transfer to you any ownership rights with respect to any of the content contained herein.
Modifications to the website
Homegrown reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. You agree that Homegrown will not be liable to you or to any third party for any such modification, suspension or discontinuance. In light of this, we encourage you to check this page on a regular basis for modifications and updates.
Indemnification
You agree, or in the alternative should you be under the age of majority, your parent/legal guardian agrees, to indemnify and save harmless Homegrown, its officers, directors, shareholders, employees, agents, consultants, and information providers from and against all claims, actions, demands, losses, expenses, damages and costs, including without limitation legal expenses on a solicitor and his own client full indemnity basis, which might arise by or be alleged to have arisen from your violation of these Terms and Conditions of Use.
Governing law/severability
These terms and policies shall be governed by and construed in accordance with the laws applicable in the Province of Alberta. If any provisions contained within these terms are declared void or unenforceable, such provision shall be deemed to have been severed to the extent of the particular circumstances giving rise to such a declaration and all remaining terms and conditions shall continue to be in full force and effect.