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Terms and Conditions

Privacy policy

We respect the privacy of our users. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website [www.goldenconfection.ca] [and our mobile application], including any other media form, media channel, mobile website, or mobile application related or connected to that (collectively, the “Site”). Please read this privacy policy carefully.  If you do not agree with this privacy policy’s terms, please do not access the Site.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” Privacy Policy date.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site. You waive the right to receive specific notice of each such change or modification.

You are encouraged to review this Privacy Policy to stay informed of updates periodically. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

 Personal Data

Personally, identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us [when you register with the Site [or our mobile application,] or] when you choose to participate in various activities related to the Site [and our mobile application], such as online chat and message boards. You are under no obligation to provide us with personal information of any kind. However, your refusal to do so may prevent you from using certain features of the Site [and our mobile application].

Derivative Data

Our servers automatically collect the information when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. [If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.]

Financial Data

Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services the Site [or our mobile application]. [We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, [Amazon Payments,] [Authornize.Net,]  [Braintree Payments,] [Chargify,] [Dwolla,] [Google Checkout,] [PayPal,] [Safe Charge] [Stripe,] [WePay,] [2Checkout,] [other], and you are encouraged to review their privacy policy and contact them directly for responses to your questions.]

Facebook Permissions 

The Site [and our mobile application] may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your accounts, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Data from Social Networks

User information from social networking sites, such as [Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. [If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.]

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Data from Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Site [or our mobile application] to:

  • Administer sweepstakes, promotions, and contests.
  • Assist law enforcement and respond to subpoena.
  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Create and manage your account.
  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site [and our mobile application] to you.
  • Email you regarding your account or order.
  • Enable user-to-user communications.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Site [and our mobile application].
  • Generate a personal profile about you to make future visits to the Site [and our mobile application] more personalized.
  • Increase the efficiency and operation of the Site [and our mobile application].
  • Monitor and analyze usage and trends to improve your experience with the Site [and our mobile application].
  • Notify you of updates to the Site [and our mobile application] s.
  • Offer new products, services, [mobile applications,] and/or recommendations to you.
  • Perform other business activities as needed.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Process payments and refunds.
  • Request feedback and contact you about your use of the Site [and our mobile application].
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
  • Solicit support for the Site [and our mobile application].
  • [Other]

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of the Site [and our mobile application], those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings

When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site [and our mobile application] in perpetuity.

Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners

We may share your information with our business partners to offer you certain products, services or promotions.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline to honour commitments we made in this Privacy Policy.

We are not responsible for third parties’ actions with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

Cookies and Web Beacons

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site [and our mobile application] to help customize the Site [and our mobile application] and improve your experience. When you access the Site [or our mobile application], your personal information is not collected using tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the Site’s availability and functionality [or our mobile application]. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.]

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site [and our mobile application] to help customize the Site [and our mobile application] and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Site, which is incorporated into this Privacy Policy. By using the Site, you agree to be bound by our Cookie Policy.]

THIRD-PARTY WEBSITES

The Site [and our mobile application] may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site [or our mobile application], any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your data. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third-party responsible for that website and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site [or our mobile application].

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

OPTIONS REGARDING YOUR INFORMATION

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account
  • Contacting us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.]

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Site [or our mobile application]
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

[email protected]

 

 

TERMS AND CONDITIONS – WEB ACCESS AND USE

You have accessed the website (“Site”) of Golden confection Inc.(“Golden Confection”). By accessing, browsing and/or using the Site, you are
agreeing to accept, unconditionally, without modification, the terms and conditions that follow, together with all applicable laws
(“Terms of Use”). If any of the Terms of Use are unacceptable to you, do not use this Site.

The copyright in everything appearing or displayed on this Site, including, but not limited to, executable programs, materials, images
and content (“Site Content”) appearing or displayed on this Site is owned by Golden confection unless otherwise noted and may not be used except as provided in these Terms of Use. None of the Site Content may be copied, modified, revised, reproduced, distributed,
downloaded, reused, transmitted to a third-party server, or used to create derivative works without Golden confection Inc.’s express prior written
permission. However, provided all copyright, trademark, and proprietary rights notices are retained, users may download Site Content
solely for the purpose of the selection and purchase of Golden confection Inc. products. Any unauthorized use of any Site Content may violate
copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Golden confection Inc. does not warrant
or represent that the use of Site Content will not infringe rights of third parties not owned and controlled by Golden confection Inc.

Trademarks, logos, and service marks (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks
of Golden confection Inc. and/or others. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site, without the prior written permission of Golden confection Inc. or the trademark owner, as the case
may be. Users are advised that Golden confection Inc. will aggressively fully enforce its intellectual property rights of the law. Golden confection Inc.
prohibits the use of the Golden confection Inc. brands name (ARIO) to any Golden confection Inc. site unless the establishment of such a link is approved by Golden confection Inc.’s
prior written consent.

Any information or materials contained in communications transmitted to Golden confection Inc. by electronic mail or otherwise will be treated as
NON-CONFIDENTIAL and NON-PROPRIETARY and may be used for any purpose, including reproduction, disclosure, transmission,
publication or broadcast, by Golden confection Inc. in its discretion. Such NON-CONFIDENTIAL and NON-PROPRIETARY treatment is also applicable
to ideas, concepts, know-how, or techniques contained in any communication sent to Golden confection Inc. by you and which Golden confection Inc. is free to use
for any purpose including developing, manufacturing and/or marketing products.

You may use our Site for lawful purposes only. You are prohibited from posting on or transmitting through our Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, harassing, pornographic, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind or material that constitutes or encourages conduct that would be considered a criminal offense,
gives rise to civil liability, otherwise violates any law or contains material which infringes upon copyright, trademark right or other
intellectual property rights of any third party.

ALL SITE CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Golden confection Inc.
prohibits the use of the Golden confection Inc. brands name (ARIO) to any Golden confection Inc. site unless the establishment of such a link is approved by Golden confection Inc.’s
prior written consent.

MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED WITHIN SITE
CONTENT, THE ACCURACY OF SITE CONTENT OR THAT SITE CONTENT OR ANY DOWNLOADABLE PROGRAMS CONTAINED WITHIN THE
SITE ARE VIRUS-FREE. THE RISK OF USE OF THE SITE IS SOLELY UPON THE USER.

UNDER NO CIRCUMSTANCES WILL Golden confection Inc.
prohibits the use of the Golden confection Inc. brands name( ARIO) to any Golden confection Inc. site unless the establishment of such a link is approved by Golden confection Inc.’s
prior written consent.

 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFIT OR REVENUE, LOSS OF USE OF THE SITE,
ANY DOWNLOADABLE PROGRAMS CONTAINED ON THE SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR
PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, USING OR BROWSING OF THE SITE OR SITE CONTENT.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU.

In the event this Site contains “hot links” permitting access to other non- Golden confection Inc. websites, you are advised Golden confection Inc. has not reviewed
and is not responsible for the content of such sites. Risks of use of hot-linked sites are assumed solely by the user, and Golden confection Inc. assumes
no liability with respect to such use.

These Terms of Use may be revised at any time by Golden confection Inc. by updating this posting. You are bound by any such revisions, and you
should periodically visit this page to review the current Terms of Use. Your continued access and use of this Site constitute your
acceptance of all such terms and conditions.

This Site is owned and operated by Golden confection Inc. and is managed out of its offices located in Montreal, QC. These Terms of Use, as well as
the use of this Site shall be governed and construed in accordance with the laws of the State of California, without regard to conflict
of laws provisions.

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the State or Federal courts
located in Canada, and you hereby consent and submit to the personal jurisdiction of such courts for purposes of litigating
any such action.

The provisions of these Terms of Use are independent of and separate from each other, and no provision shall be affected or rendered
invalid because any other provision may be invalid or unenforceable in whole or in part for any reason.

See Golden confection Inc.’s Privacy Policy, which is incorporated herein by reference.

 

USER REGISTRATION
You may be required to register with the Site in order to purchase from the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa-  Mastercard-  PayPal
You agree to provide current, complete, and accurate purchase and account information for all Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Cad.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, tips, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Suppose your order is subject to recurring charges. In that case, you consent to our charging your payment method regularly without requiring your prior approval for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may limit or cancel quantities purchased per person, per household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. All the stores receive their portion of payment weekly by the method of payment of their choice.

RETURN POLICY
All sales are considered final, and no return will be issued.

GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or any of our affiliates or partners’ views. We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages according to applicable law if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW
These terms shall be governed by and defined following the laws of Canada. Golden confection Inc. and yourself irrevocably consent that Canada’s courts shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the Canadian courts’ jurisdiction. Golden confection Inc. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or if these Terms are entered into during your trade or profession, the state of your principal place of business.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments granting of credits by any means other than electronic means.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or concerning the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use fully operate permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us due to these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us under having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.