Terms of Use

Welcome to the Hill's Dry Goods Website (the "Site"). These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Reid's Dry Goods doing business as Company Hill's Dry Goods (“Company”) for other products or services. Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

By accessing, browsing, and using the site, you agree to be bound by the terms and conditions described below, all policies and guidelines incorporated by reference, and any subsequent changes to the foregoing. If you do not agree to these terms of our use or any subsequent modification, do not access, browse or otherwise use this site. 

If you have any questions or comments regarding the use of the Site, please contact hello@hillsdrygoods.com

INCORPORATED POLICIES OR TERMS

Privacy Policy. Company believes strongly in protecting user privacy and providing you notice of Company‘s collection and use data, including personally identifying information, collected from the Site. Therefore, Company has adopted a Privacy Policy below that you should refer to fully understand how Company uses and collects personal information.

LICENCE AND SITE ACCESS

Company grants you a limited licence to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Company’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company’s express written consent.

Any unauthorized use of this Site will terminate the permission or licence granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators wilt be prosecuted to the fullest extent of the law.

COPYRIGHT

All copyrighted and copyrightable materials on this Site, including, without limitation, the Company logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright © 2020 Reid's Dry Goods doing business as Company Hill's Dry Goods and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non commercial, and informational use only; provided that, you may not, without the permission of Company or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

TRADEMARKS AND SERVICE MARKS

Company, the Company logo, and the products and services described in this Site, including without limitation, “Company” and “HILL'S DRY GOODS” are either trademarks, service marks or registered trademarks of Company and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and Company names or logos mentioned herein are the property of their respective owners.

THIRD PARTY CONTENT

Third Party Content. This Site may contain content provided or supplied by third parties (the “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Company does not create, nor have control over the Third Party Content. Company makes no representations or warranties whatsoever regarding the accuracy or completeness of the Third Party Content and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Users visit this Site and use the information contained therein at their own risk.

Enforcement. Company has the right, but not the obligation, to monitor any activity and content associated with its Site. Company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Company reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Company’s systems and customers, or to ensure the integrity and operation of Company’s business and systems, Company may access and disclose any information it considers necessary or appropriate, but only in accordance with applicable law or regulation, including, without limitation, user profile information (i.e. name, e mail address, etc.), IP addressing and traffic information, usage history, and posted content. Company’s right to disclose any such information in accordance with applicable law or regulation shall govern over any terms of Company’s Privacy Policy.

Third Party Links. Company may provide links to third party Web sites or services on the Site. Company makes no representations or warranties regarding, and accepts no liability or responsibility whatsoever for, the quality, content, nature or reliability, including but not limited to the accuracy or completeness of the content, information, or opinions of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Company and Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the site or any information contained therein. When leaving the Company site, you should be aware that Company’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Indemnification. You agree to indemnify and hold harmless Company and its officers, directors, employees, representatives and agent from any claim, action, demand, loss, or damages (including reasonable legal fees) brought by you or on your behalf, or made or incurred by any third party arising out of or relating to your use of this Site, including but not limited to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party. Company reserves the right to assume the exclusive defence and control of any such mailer, which shall not excuse your indemnity obligations.

SUBMISSIONS

You agree that any materials, including but not limited to photos, videos, graphics, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e mail or submissions to Company, or postings on this Site or on any social media site on which the Company has an account (including without limitation, Facebook, Twitter and Instagram), are non confidential (subject to Company’s Privacy Policy) and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Company irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

DISCLAIMERS

“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

REPRESENTATION AND WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT PROVIDED OR SUPPLIED BY THIRD PARTIES. YOU ARE ADVISED TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

(a) COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE.

(b) COMPANY  DOES NOT REPRESENT OR WARRANT TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY PRODUCTS DISPLAYED ON THE SITE AS TO THE EXISTENCE, OWNERSHIP, ACCURACY, DESCRIPTION OR CONDITION OF ANY PRODUCTS, EQUIPMENT, ACCESSORIES AND/OR PRICE.

(c) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.

(d) WHILE COMPANY  ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID COMPANY, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

APPLICABLE LAW AND VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, applicable to agreements made and entirely to be performed within the Province of British Columbia, Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in courts located in the Province of British Columbia, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

TERMINATION

Notwithstanding any of these Terms of Use, Company reserves the right, without notice and in its sole discretion, to terminate your licence to use the Site, and to block or prevent future access to and use of the Site.

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Privacy

1. COMMITMENT TO PRIVACY Reid's Dry Goods doing business as Company Hill's Dry Goods ("Company") is committed to maintaining the security and privacy of your personal information. This Policy documents our on-going commitment to you and has been developed in compliance with the British Columbia Personal Information Protection Act ("PIPA").

2. SCOPE OF POLICY In accordance with PIPA, this Policy addresses personal information about individuals and does not apply to information about corporate or commercial entities who are our suppliers or customers. Commercial information may be subject to protection under other polices and practices and through contractual arrangements, including confidentiality agreements. This Policy does not impose any limits on the collection, use or disclosure of the following information by Company:

• your business contact information; or
• publicly available information recognized under PIPA

3. ACCOUNTABILITY Company is accountable and responsible for personal information under its control. Company has designated a Privacy Officer who is accountable for Company’s compliance with this Policy.

Company will adopt procedures to protect personal information, receive and respond to complaints and inquiries, train staff regarding privacy polices and procedures and communicate polices and procedures to you.

4. PURPOSE Company has certain affiliates, subsidiaries or entities that are related to Company (together with Company, referred to as the “Corporate Group”) who share a common vision to work together to maximize customer satisfaction and improve products and services. To meet these objectives, Company shares your personal information with our affiliates, subsidiaries or entities that are related to Company.

However, Company does not sell your personal information to any third party.

Company collects your personal information for the following purposes:

•  to determine which products and services of the Corporate Group may meet your potential needs,
• to share such information within the Corporate Group to improve the products and services, internal programs and operations of the Corporate Group and for internal statistical analysis purposes;
• to customize and optimize the websites and any promotional campaigns of the Corporate Group in accordance with your interests;
• to provide you with information, updates about new products, special offers, updates or other information relating to the business of the Corporate Group;
• to protect the Corporate Group, yourself and others from fraud and error and to safeguard the financial interests of the Corporate Group;
• to authenticate your identity;
• to contact you for market research or promotional purposes (which may be by e-mail, phone and/or mail)
• to collect debts owed to Company;
• to manage or transfer assets or liabilities of Company, for example in the case of an acquisition or merger, the provision of security for a credit facility or the change of a carrier;
• to comply with legal and regulatory requirements.

The purposes listed above are a reasonably necessary part of your relationship with Company.

When your personal information is to be used for a purpose not previously identified, the new purpose will be disclosed to you prior to such use, and your consent will be sought unless the use is authorized or required by PIPA or other law.

5. CONSENT Company will obtain your consent to collect, use or disclose personal information except where Company is authorized or required by PIPA or other law to do so without consent.

Your consent may be express or implied, or given through your authorized representative.

Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify Company that you do not wish your personal information collected/used/disclosed for optional purposes following reasonable notice to you) or otherwise. For example, oral consent could be expressed over the telephone at the time information is being collected; electronically when submitting an agreement, application or other information; or in writing when signing an agreement or application form.

You may withdraw your consent at any time, subject to legal or contractual restrictions, provided reasonable written notice of withdrawal of consent is given by you to Company. Upon receipt of your written notice, Company will inform you of the likely consequences of the withdrawal, which may include the inability of Company to provide certain products or services for which the delivery of that information is a prerequisite.

6. LIMITS ON COLLECTION OF PERSONAL INFORMATION Company will not collect personal information indiscriminately and will limit its collection of your personal information to what is reasonably necessary to provide a product or service and which is reasonably necessary for the purposes consented to by you. Company may also collect information as authorized by PIPA or other law.

7. RETENTION OF PERSONAL INFORMATION Your personal information will only be used or disclosed for the purposes set out above and as authorized by PIPA and other law.

Company will keep personal information used to make a decision affecting an individual for at least one year after using it to make the decision.

Company will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes.

Company will take due care when destroying personal information so as to prevent unauthorized access to such information.

8. ACCURACY Company will make a reasonable effort to ensure that personal information it is using or disclosing is accurate and complete. Company will rely on you to ensure that certain information, such as your street address, e-mail address or telephone number, is current, complete and accurate.

If you notify Company of the inaccuracy or incompleteness of personal information, Company will amend the information as required. If appropriate, Company will send the amended information to third parties to whom the information has been disclosed.

When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, Company will annotate the personal information under its control with a note that a correction was requested but not made.

9. SAFEGUARDING PERSONAL INFORMATION Company protects the personal information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks.

You should be aware that confidentiality and security are not assured when information is transmitted through e-mail or wireless communication. Company will not be responsible for any loss or damage suffered as a result of a breach of security or confidentiality when information is transmitted by e-mail or wireless communication.

10. PROVIDING ACCESS You have a right to access your personal information held by Company.

Upon written request and authentication of identity, Company will provide you with personal information under its control, information about the ways in which that information is being used and a description of the individuals and organizations to whom such information has been disclosed.

Company may charge a reasonable fee for providing personal information in response to a PIPA access request and will provide an estimate of any such fee upon receiving a written access to personal information request. Company may require a deposit for all or part of the fee.

Company will make personal information available within 30 days or provide written notice where additional time is required to fulfill the request.

In some situations, Company may not be able to provide access to certain personal information. Company may also be prevented by law from providing access to certain personal information.

Where an access request is refused in whole or in part, Company will notify you in writing, giving the reason for refusal and outlining further steps which are available to you.

11. CHANGES TO POLICY To keep pace with economic, technological and regulatory changes, Company may revise this Policy from time to time. The revised Policy will be posted on our website, and will come into effect 30 days after it is posted.

12. COMPLAINTS Any inquiry, complaint or question regarding this Privacy Policy must be directed in writing to the Company Privacy Officer.

Contact Information:
Privacy Officer Company Hill's Dry Goods
hello@hillsdrygoods.com

13. DEFINITIONS

In this Policy:

The terms "Company” or "our" refer to Reid's Dry Goods Inc. (doing business as Hill's Dry Goods), a British Columbia Company;

"collection" means the act of gathering, acquiring, or obtaining personal information from any source, including third parties, by any means;

"consent" means voluntary agreement to the collection, use and disclosure of personal information for specified purposes;

"disclosure" means making personal information available to a third party;

"personal information" means information about an identifiable individual but does not include his or her business contact information. Personal information does not include (a) information concerning corporate or commercial entities or (b) publicly available information. It also does not include information that cannot be associated with a specific individual;

"PIPA" means the British Columbia Personal Information Protection Act, S.B.C. 2003, c.63;

"Privacy Officer" means an individual designated by Company who is accountable for compliance with this Policy by Company and whose contact particulars are set forth in this Policy;

"third party" means an individual or organization other than Company and you;

"use" means the treatment and handling of personal information by and within Company.

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