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TERMS OF USE
Dernière mise à jour : November 10 2022
1. ACCEPTANCE OF TERMS
Please carefully read these terms and conditions (these "Terms" or "Conditions").
These Terms constitute an agreement, which includes the privacy policy ("Privacy Policy"), by and
between Argyll Livestock Farm Inc., a corporation with its principal place of business in Westmount,
Canada ("Argyll Farm" or "we" or "us" or "Website") and any user (hereinafter the "User" or "you") who
uses or has access to the Services (as defined below). Argyll Farm reserves itself the right to update and
modify these Terms at any time by posting updates and modifications on the Website. If you have created
an account on the Website, we will also send you an email explaining the changes that we will be
implementing thirty (30) days prior to the changes taking effect.
You are advised to check the Terms from time to time for changes and updates that may concern you.
Any use of the Services after such updates and changes will mean an acceptance of the Terms from your
part. You can always review the most recently updated version of the Terms. Please also check our
Privacy Policy from time to time.
Shopify
Argyll Farm uses the e-commerce services of SHOPIFY QUÉBEC INC. (hereinafter "Shopify"). You are
therefore subject to Shopify’s Terms of Use and Privacy Policy, which you must read and agree to before
using our Services.
2. SERVICES
2.1 General Terms
The Services offered by Argyll Farm include, but are not limited to, e-commerce services via the Website
for the sale and delivery of Akaushi Wagyu beef and promotional clothing.
Any new services, features or tools that may be added to the current Services will also be subject to the
Terms.
You must be over 18 years old to access and use the Services and to agree to these Terms. By browsing
the Website and using the Services, you warrant that you are over the age of 18.
2.2 The Rancher’s Box
a. Content
We cannot guarantee the content of the boxes of Akaushi Wagyu beef (hereinafter the "Rancher’s Box")
displayed on the Website. Each animal being unique, the meat it yield depends on their weight and
morphology. Therefore, we cannot guarantee the quantity of meat or the nature of the pieces that will be
included in the Rancher’s Box from order to order. Furthermore, since our type of production focuses on
quality rather than quantity, we provide you with unique and tasty pieces of Akaushi Wagyu beef and can
never guarantee the quantity of Rancher’s Boxes available on our Website.
b. Price
It goes without saying that we will adjust the price according to the weight and value of each piece of beef
in your Rancher’s Box, considering the market price. We operate on a "price by weight" basis, which
means that the prices of the Rancher’s Boxes will vary from order to order depending on their content.
c. Risks
The consumption of red meat, such as sold in our Rancher’s Box, inherently involves risks. Therefore,
after receiving and inspecting your order, we strongly suggest that you follow the guidelines provided by
the Quebec ministry of Agriculture, Fisheries and Food and by Health Canada and by Health Canada.
Despite our caution and the safety of our methods, raw red meat can be contaminated, without the
knowledge of farmers and consumers, by various bacterias, such as E. coli 0157 :H7 (also know as the
Hamburger Disease). The contamination can cause adverse health consequences for consumers who do
not take the necessary precautions when handling red meat. To facilitate the process, Argyll Farm has
provided you with guidelines for the safe consumption of our products. Please note, however, that these
guidelines are provided on an informative basis only and Argyll Farm is in no way bound by them.
2.3 Pick-up and Delivery
In the event that a "pick-up" option is offered at chekout, the pick-up location will be communicated to you
when your order is ready. Once the pick-up location is communicated, you are responsible for picking up
your order at the indicated location within 24 hours.
If you choose home delivery, please note that we only deliver in the Greater Montreal Area, Eastern
Townships and Laurentian areas. You must be able to receive your order on the day that will be
communicated to you in advance by email. We will also contact you on the day of delivery to confirm with
you that you are ready to receive your order. We are not responsible for the theft or loss of your order or
any damage to it from the moment it is delivered, nor are we responsible for any delays in delivery that
may result from a Force Majeure event, as defined below.
In the unlikely event that your order is delivered to you in a condition that you deem unsanitary or
unsatisfactory, please notify us within 24 hours of delivery. We will ask you to provide evidence to confirm
the inadequate state of the order and we will then work together on an exchange adapted to the situation.
2.4 Price and taxes
The prices displayed on our Website are in Canadian currency and do not include applicable taxes. We
reserve ourselves the right to change the prices displayed at any time without notice. Taxes and any
other applicable fee will be added at the time of payment.
3. ACCOUNT AND ACCESSIBILTY
The Services require the creation of an account on the Website platform to process your order and to
allow us to communicate with you. By using the Services, you guaranty that: (a) all information you submit
to the Website is true and accurate; (b) you will maintain the accuracy of all such information; (c) you will,
at all times, comply with and enforce these Terms; and (d) your use of the Services does not violate any
applicable law or regulation. If we believe that you are in violation of any of these Terms, we reserve
ourselves the right to terminate your access to the Services.
4. TERM
These Terms will remain in effect for the duration of your use of the Services (the "Term").
5. TERMINATION
You may unilaterally deactivate your account at any time. Upon deactivation of your account, these
Terms will terminate, except for your obligations to Argyll Farm under any other agreement between you
and Argyll Farm, and the provisions of the sections of the Terms entitled "Intellectual Property", "No
Warranty" "No Liability", "Indemnity", "Governing Law", "Severability, Force Majeure, Entire Agreement,
and Headings", and "Representations and Warranties".
6. LICENSE
During the Term, Argyll Farm grants the User a limited, non-exclusive, non-transferable, non-
sublicensable and revocable license to use the Services under the terms and conditions set forth in these
Terms. All rights not granted to the User under these Terms remain exclusive to Argyll Farm.
7. LICENSE RESTRICTIONS
The User shall not (i) distribute viruses or other harmful or malicious computer code through or on the
Website; (ii) engage in any conduct that disrupts or impairs any third party's use and enjoyment of the
Services; (iii) remove any product identification, copyright or other notices from the Services (iv) use the
Services in a manner that violates applicable local, provincial, federal and foreign laws, including, without
limitation, laws relating to privacy, electronic communications and anti-spam legislation. Argyll Farm
retains all title and, except as expressly authorized herein, all rights in and to the Services, all copies,
derivatives, and enhancements thereof, and all associated documentation and materials.
8. INTELLECTUAL PROPERTY
The Services may contain copyrighted material, trademarks and other proprietary information, including,
without limitation, text, photos, video, graphics, music and sound, and the entire content of the Services,
as a collective work protected by copyright. Argyll Farm owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content itself. The User may not modify,
publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit
any of the content, in whole or in part. Except as expressly permitted under copyright law, no
reproduction, redistribution, retransmission, publication or commercial exploitation of the merchandise will
be permitted without the express permission of Argyll Farm and the copyright owner. If copying,
redistribution, or publication of copyrighted material is permitted, no change or deletion of the author
attribution, trademark legend, or copyright notice shall be made.
9. CONFIDENTIAL INFORMATION
Argyll Fam may collect certain Confidential Information from the User including, without limitation, their
name, telephone number, email address, mailing address, company, credit card number. Argyll Farm
holds this Confidential Information (except for credit card numbers) in strict confidence and will not use it
except as necessary to sell and promote merchandise displayed on the Argyll Farm Website, in
accordance with the applicable laws and our Privacy Policy.
10. TERMINATION OR SUSPENSION OF THE ACCOUNT BY ARGYLL FARM
If there is a breach of the Conditions by the User, Argyll Farm may terminate these Terms by sending
written notice to the User specifying the nature of the breach in reasonable detail and Argyll Farm's
intention to terminate ("Termination Notice"). If the violation has not been resolved to Argyll Farm's
satisfaction within thirty (30) days after the delivery of the Termination Notice, these Terms shall
automatically terminate. If the User violates any of the provisions of these Terms under the sections
entitled "License" or "Confidential Information", Argyll Farm may immediately suspend or terminate the
User's use of the Services.
Argyll Farm may also suspend the User's access to the Services immediately and without notice if Argyll
Farm, in its sole discretion, determines that: (1) such suspension is required by law; or (2) there is a risk
to a User's security or privacy. Any suspension of User's access to the Services shall not limit or be
deemed a waiver of Argyll Farm's rights to terminate these Terms or the User's access to the Services.
Such termination shall not relieve the User of any of his or her obligations under these Terms nor shall it
entitle the User to a refund of any payments previously made.
Upon termination of these Terms, the User shall immediately cease using the Services. Notwithstanding
the preceding sentence, termination by Argyll Farm of these Terms shall not prevent Argyll Farm from
pursuing any other remedy available to it.
The User agrees that upon termination of his or her account and/or use of the Services, Argyll Farm may
immediately deactivate the User's account and delete the data associated with it. The User further agrees
that Argyll Farm shall not be liable to the User or any third party for the interruption of the User's access to
the Services or for the deletion of the User's data.
11. THIRD PARTY SERVICES
Argyll Farm may, from time to time, recommend that you consider using, use, activate or provide access
to third party applications, products, services or website links (collectively, "Third Party Services"), such
as Shopify. The purchase, access or use of these Third Party Services is solely between you and the
applicable Third Party Service Provider ("Third Party Provider"). Any use you make of the Third Party
Services offered through the Services or the Website is entirely at your own discretion and sole
responsibility, and you are responsible for reading the terms and conditions and/or privacy policies
applicable to such Third Party Services prior to using them. In no event shall Argyll Farm be liable for any
direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages
arising out of any Third Party Service or your contractual relationship with any Third Party Provider. These
limitations shall apply even if Argyll Farm has been advised of the possibility of such damages.
12. NO WARRANTY
ARGYLL FARM WORKS TO PROTECT THE SERVICES AND KEEP THEM ERROR-FREE, BUT THE
USER AGREES TO USE THE SERVICES AT HIS OR HER OWN RISK. ARGYLL FARM PROVIDES
THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS, IMPLIED
OR STATUTORY REPRESENTATIONS OR WARRANTIES NOT EXPRESSLY SET FORTH IN THESE
TERMS. FURTHERMORE, NEITHER ARGYLL FARM NOR ITS AFFILIATES OR THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SUITABILITY, QUALITY, ADEQUACY
OR AVAILABILITY OF THE E-COMMERCE SERVICES OR THAT THE E-COMMERCE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE.
13. NO LIABILITY
IN NO EVENT SHALL ARGYLL FARM OR ITS RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM ANY ERROR IN THE SERVICES THAT IS NOT DIRECTLY
ATTRIBUTABLE TO THEM, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
CIVIL LIABILITY ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
SERVICES OR ARGYLL FARM PRODUCTS EXCEPT IN THE CASE OF INTENTIONAL OR GROSS
FAULT.
14. INDEMNITY
User agrees to defend, indemnify and hold harmless Argyll Farm, its affiliates and their respective
directors, officers, employees and agents from and against any and all claims and expenses, including,
but not limited to, attorneys' fees (collectively, "Costs"), to the extent that such Costs are attributable to
any breach by User of any of the representations, warranties or other obligations set forth in these Terms
or arising from User's use of the Services.
15. GOVERNING LAW
These Terms shall be construed in accordance with the laws applicable in the Province of Quebec,
Canada, without regard to its conflict of legislation rules. A merchant who uses the Services for the
purposes of its business agrees that any dispute or controversy arising out of or relating to these Terms
shall be settled exclusively by arbitration in the judicial district of Montreal, Canada, in accordance with
the Civil Code of Procedure of the Province of Quebec (CQLR c C-25.01).
16. SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS
If one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any
respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining
provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise
liable for any delay in or failure of its performance under this Agreement (other than payment obligations)
by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or
supplies, failure of transportation or communication or of suppliers of goods or services, or any other
cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the
entire agreement and understanding between the parties with respect to the subject matter hereof and
supersedes all prior or contemporaneous written, electronic or oral communications, representations,
agreements or understandings between the parties with respect thereto. The headings in this Agreement
have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the
meaning or scope of the provisions hereof.
17. REPRESENTATIONS AND WARRANTIES
The User declares and warrants that currently and throughout the Term (i) the User is fully authorized to
enter into this Agreement and that the User is fully authorized to use the Services; and (ii) The User is
and will remain in compliance with all applicable laws and regulations with respect to the activities related
to this Agreement, including but not limited to privacy laws. The User agrees to comply with all of Argyll
Farm’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this
section may result in the loss of features, up to and including termination of the User’s account. The User
will indemnify Argyll Farm for any costs, fines or damages incurred by Argyll Farm due to the User’s
failure to comply with this section.
