TERMS OF USE

 

We are pleased that you are using the websites of REVIVE SUPERFOODS INC. (“Revive Superfoods”, “we” or “us”). We hope that they provide you with useful information and tools about us, our mission and our products. These Terms of Use apply to and set forth the terms and conditions that govern your access to and use of the www.revivesuperfoods.com website and any of our other sites, mobile applications or online services that we operate and may link to these Terms of Use (the “Services”) and the content, data or materials contained therein (the “Materials”). By using the Services, you agree to these Terms of Use, and also to our privacy policy, which is incorporated into these Terms of Use.

From time to time, we may revise these Terms of Use. If you use the Services after the date of any revision (the date of the most recent revision is indicated by the date above), you will be accepting the Terms of Use as revised. We encourage you to regularly review these Terms of Use for updates.

Your Use of Our Sites

Permitted Uses

You may use the Services and the Materials for your own personal, noncommercial use. That means you can use them to view and purchase products, and to engage with us and others through reviews or via our message submission form on our Contact webpage. You cannot, however, use them for commercial purposes (for example, if you are not a wholesaler, you cannot resell or otherwise redistribute our products for commercial purposes), or to violate any applicable law or regulation.

In addition, you may not:

  • access or use, or attempt to access or use, the Services or the Materials to take any action that could harm Revive Superfoods or any third party or interfere with the operation of the Services;
  • use the Services or the Materials with any device or software that could disable or impair the Services;
  • use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Services or the Materials, or otherwise access or collect the Materials or data or information from the Services using automated means;
  • cache or archive the Services or the Materials (except for a public search engine’s use of spiders for creating search indices);
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  • attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Services or the Materials;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.

You agree to abide by all additional restrictions displayed on the Services, as they may be updated from time to time.

Choosing Your Plan

When you sign up for a plan, to receive our products, we will ask you to provide certain information, such as your name and email address, and to provide a username and password that you may use to access your account. Please ensure that this, and any other information you submit to us, is correct and current. You agree to notify us of any changes to this information. Our use of this, and other information we collect from you, is governed by our privacy policy. You agree to keep your username and password confidential, and to notify us of any unauthorized use or of any other breach of security. We reserve the right to suspend or terminate your account for any violate of these Terms of Use, with or without notice to you.

Submitting Content

The Services may allow you to engage with us, for example, to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content”). For example, you could send us a photo of you enjoying one of our products or write on our Facebook page. You always remain the owner of your content. Please make sure that you own or are licensed to send us all of your content, meaning that you took the photo, or have permission to send us the photo, and that the photo is of you or by someone who consents to have the photo sent to us. By providing your content to us, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use your (or any other person’s) name, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). We may display your content on the Services or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so.

None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. We reserve the right to remove any of your content for any reason, including if it violates the foregoing.

Links to Other Websites

Our Services contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Instagram, Facebook, or Twitter). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.

Our Intellectual Property

REVIVE SUPERFOODS and other marks displayed on the Services are trademarks owned by, or licensed to, Revive Superfoods. All of the other Materials on the Services – including photos, descriptions of products, prices and blog posts– are owned by, or licensed to, Revive Superfoods. You may not use such trademarks, or any of the Materials, in any manner that could indicate you own the trademarks, or those Materials, or that they are associated with you or anyone other than the applicable owner.

You agree to comply with all copyright laws worldwide in your use of the Services or the Materials. Revive Superfoods does not grant you or any other person any express or implied rights under any patents, trademarks, copyrights, trade secrets or other intellectual property.

Products and Ordering

We strive to show our products as accurately as possible. Because monitor displays differ, however, we do not guarantee that the images of our products will accurately depict the products. Also, although we may display products through the Services, they may be out of stock at any time. In addition, please be aware that all prices are subject to change at any time.

You may order our products through the Services. When you do so, you are subject to our shipping policies and practices that appear at the time you place such order. We reserve the right to refuse or cancel any order you place with us, or restrict the quantities purchased per person. In the event we refuse or cancel your order, we will attempt to notify you using the information provided in connection with the order.

Disclaimers

WE PROVIDE OUR SERVICES AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES OR THE MATERIALS. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SERVICES ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.

Indemnification

You agree to indemnify, defend and hold harmless Revive Superfoods and its affiliates, and their officers, directors, members, suppliers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Services and any violation of these Terms of Use and our privacy policy, whether by you or by any person using your login credentials.

Compliance with Law

ACCESS TO THE SERVICES FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SERVICES AND USE OF THE MATERIALS.

Governing Law

These Terms of Use are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms of Use, your use of the Services or the Materials or otherwise shall be brought exclusively in the Courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.

General Information

If we do not enforce any provision of these Terms of Use, it does not mean we will not, and we are not waiving our right to, enforce it in the future.

Contact Us

If you have questions or concerns regarding these Terms of Use, contact us at [email protected] or by regular mail to:

REVIVE SUPERFOODS INC.
1880 Bonhill Rd
Mississauga, ON
L5T 1C4

Automatic Subscription Renewal

Revive Superfoods follows a subscription-based model. By signing up for a subscription and checking off the terms and conditions box at checkout upon completion of an order, you acknowledge and agree that Revive Superfoods is authorized to automatically charge you either on a weekly or monthly basis depending on the subscription you have selected. While your subscription is active, order renewal will continue until you pause or cancel your subscription OR if Revive Superfoods suspends providing access to the sites or products in accordance with these terms and conditions. You acknowledge and agree that Revive Superfoods will proceed with automatic recurring payments without the need to obtain additional authorization from you.

Cancellation Policy

Your subscription will automatically renew until you pause or cancel your subscription. You can pause or cancel any time. To do so, please email us at [email protected]. Your email will be responded to anytime within 24-48 hours. Please note that if you cancel after your billing date is processed, the charge and the subsequent order will proceed. Order cancellation requests submitted before Friday 12AM EST will receive a 100% refund. Order cancellation requests made after Friday 12AM EST will incur a 20% penalty fee. Cancellations made before 48 hours of the scheduled delivery will incur a 30% penalty fee. You will be responsible for all charges incurred prior to the pause or cancellation of your subscription.

In the event you pause or cancel your subscription, we may still send you promotional communications. Please send us an email if you want to opt out of receiving those communications.

Returns and Refunds

Revive Superfoods do not have an all-time satisfaction guaranteed policy. If you are not satisfied with a product, please contact us at [email protected] within seven (7) calendar days of the date you received the product; we will apply a credit onto your account according to the unsatisfied or missing cups. For quality-related complaints regarding your order, we require photographic documentation of any product before we provide a replacement, credit or refund. Please note that due to the nature of our products, we do not accept nor provide refunds on any and all returned items.

Complimentary Items

Complimentary items such as straws are subject to availability. Revive Superfoods has the right to determine as to when theses items will be sent or replace them with complimentary rewards points.

Product Availability

The website may contain information about products that are not available in every location. This does not imply or guarantee that it is or will be available in your location or at the time of your order. In the instance we are out of stock of one or more of cups selections in your box, Revive Superfoods will replace all out of stock cups with another top selection from your cup list.

REWARD POINTS TERMS & CONDITIONS

 

Effective Date: April 23, 2021

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PARTICIPATING IN THE REVIVE SUPERFOODS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REVIVE SUPERFOODS REWARDS PROGRAM. THE REVIVE SUPERFOODS REWARDS PROGRAM IS VOID WHERE PROHIBITED BY LAW AND TERMS MAY VARY DEPENDING ON YOUR RESIDENCE.

You agree that we may provide you updates, notices, disclosures and amendments to these Terms & Conditions, and other information relating to the REVIVE SUPERFOODS rewards program by electronic means, including posting such information and materials online at www.revivesuperfoods.com.

ADDITIONAL TERMS

These Terms & Conditions apply to your participation in the Revive Superfoods Rewards program in Canada and the United States (“Revive Superfoods Rewards”), which is operated by REVIVE ORGANICS INC., d.b.a. Revive Superfoods, or its respective subsidiaries, licensees and affiliated companies (collectively, “Revive Superfoods”). These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Revive Superfoods for other products or services.

CHANGES TO TERMS

Revive Superfoods reserves the right to change or modify these Terms & Conditions or any policy, FAQ, or guideline pertaining to Revive Superfoods, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.revivesuperfoods.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Revive Superfoods Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms & Conditions or any subsequent changes to them, you must stop accessing and participating in Revive Superfoods Rewards.

PERSONAL USE

Revive Superfoods Rewards is intended for personal use only. Commercial use is strictly prohibited. Revive Superfoods Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your jurisdiction of residence, you may access and participate in Revive Superfoods Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.

Our Privacy Policy is incorporated into these Terms & Conditions and also governs your participation in Revive Superfoods Rewards. Please read the Privacy Policy carefully to understand how Revive Superfoods collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT REVIVE SUPERFOODS REWARDS

Revive Superfoods Rewards is one way in which Revive Superfoods endeavors to reward and thank loyal customers for patronizing our business and purchasing Revive Superfoods products. Revive Superfoods Rewards members are able to earn and accumulate “Points” that can be redeemed for Revive Superfoods Rewards benefits (“Rewards”) at www.revivesuperfoods.com or through the Revive Superfoods mobile app (“App”).

HOW TO JOIN REVIVE SUPERFOODS REWARDS

To join Revive Superfoods Rewards, go to https://revivesuperfoods.com/customer/new-subscription (“Websites”) or to the App and follow the prompts to create an account. You will be required to provide the following information:

First and last name, email address, address (street number and street name, state/province, country zip/postal code), phone number and credit card details and to create a unique password.

When you join Revive Superfoods Rewards, your account begins with a zero Point balance.

EARNING POINTS

The Rewards that are available to you through Revive Superfoods Rewards are based on the number of Points that you earn. You can earn Points by:

  • Referrals. You will earn 300 (three hundred) Points for the first box with a value of at least $30 (thirty) Canadian Dollars or U.S. Dollars that a new customer purchases from www.revivesuperfoods.com or through the App if that customer informs Revive Superfoods that you referred them using a referral code, which referral must be confirmed as eligible by Revive Superfoods in its sole discretion in order to earn Points.
  • Social Media Sharing. You will earn 15 (fifteen) Points for sharing evidence of a purchase from www.revivesuperfoods.com or through the App on the following social media platforms: Facebook, Instagram, Twitter, YouTube and TikTok, by sending Revive Superfoods a link, which purchase must be confirmed as eligible by Revive Superfoods in its sole discretion in order for you to earn Points.
  • Social Media Review. You will earn 15 (fifteen) Points for sharing a review of a purchase from www.revivesuperfoods.com or through the App on the following social media platforms: Facebook, Instagram, Twitter, TikTok, ChickAdvisor, Google, Trustpilot, the Revive Superfoods website and Google Reviews by sending Revive Superfoods a link, which review must be confirmed as eligible by Revive Superfoods in its sole discretion in order for you to earn Points.
  • Promotional Bonus Point Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional “Bonus Points” through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer. These promotional Bonus Points may only be available to residents of certain provinces and/or states, or they may be offered Canada-wide and/or U.S.-wide.

Any social media posts and referrals related to Revive Superfoods, its products or services must comply with requirements of applicable law, regulations and guidance, including without limitation the Competition Act, the Food and Drugs Act, and the Ad Standards Influencer Marketing Steering Committee Disclosure Guidelines.

EXCLUSIONS TO EARNING POINTS

You may not earn Points in connection with certain types of beta or promotional programs. In addition, you cannot earn Points for placing an order, upgrading your plan or on your birthday. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Point accrual.

RETURNS

For information about how Revive Superfoods handles returns, please refer to the “Returns and Refunds” section in the Revive Superfoods Website Terms of Use. Your Point balance may be impacted by returns as follows:

If Revive Superfoods provides a replacement, credit, refund or a purchase is voided, Revive Superfoods may deduct the Points that you earned for the purchase related to such replacement, credit, refund or voiding, potentially resulting in a negative Point balance on your account.

POINTS EXPIRATION

Unless otherwise noted, Points are automatically added to your account within forty-eight (48) hours of confirmation of your eligible purchase or activity.

For inactive users, Points expire if a user has been inactive because the user has not earned or redeemed Points for forty five (45) days, including users who have paused or cancelled their account in accordance with the “Cancellation Policy” in the Revive Superfoods Website Terms of Use. For example, if the account is paused or cancelled on January 1, 2021, the Points will expire on February 15, 2021 if no Points were earned or redeemed by the user during that forty five (45) day period. Without notice to you, Revive Superfoods reserves the right to “unregister” and make ineligible for Revive Superfoods Rewards or account that has been inactive for at least forty five (45) days. In the event that your Revive Superfoods account is unregistered or rendered inactive, all accrued Points in your account are void.

The oldest accrued Points will be used first for redemptions. You can view and track your Point balance and available Rewards, as well as any additional benefits for which you are eligible as a Revive Superfoods Rewards member, on www.revivesuperfoods.com or by using the App.

REDEEMING POINTS FOR REWARDS

Points may be redeemed for complimentary or discounted Revive Superfoods items at www.revivesuperfoods.com or through the App as follows:

10 (ten) Points may be redeemed for $1 (one) Canadian Dollar or U.S. Dollar removed from the price of a purchase of a box of Revive Superfoods products.

OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS

These Terms & Conditions complement and incorporate by reference the Revive Superfoods Website Terms of Use. In the event of any conflict between the Revive Superfoods Website Terms of Use and these Terms & Conditions, the Revive Superfoods Website Terms of Use control the extent of the conflict.

Points may be redeemed at www.revivesuperfoods.com or through the App and are ineligible to be redeemed for the following items: taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees.

The maximum value for any individual redemption is $50 CAD.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

There are no participation or membership fees associated with Revive Superfoods Rewards. Points accrued in connection with Revive Superfoods Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Revive Superfoods Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Revive Superfoods.

Your Points, Rewards and Revive Superfoods Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Revive Superfoods Rewards account that is personal to you.

Without notice to you, Revive Superfoods reserves the right to suspend and/or terminate your account and/or your participation in Revive Superfoods Rewards if you have violated these Terms & Conditions or if the use of your Revive Superfoods Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Revive Superfoods may suspend, cancel or combine Revive Superfoods Rewards accounts that appear to be duplicative. In the event that your participation in Revive Superfoods Rewards is terminated, all accrued Points in your account are void.

Revive Superfoods reserves the right to change, modify, discontinue or cancel Revive Superfoods Rewards or any part of the Revive Superfoods Rewards program at any time and in its sole discretion, without notice to you.

SEVERABILITY

If any provision or part of a provision of these Terms & Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

To the maximum extent permitted by applicable law, these Terms & Conditions are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to any choice or conflict of law provisions or principles. Any claim or dispute against Revive Superfoods with respect to these Terms & Conditions or otherwise shall be brought exclusively in the courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN WITH RESPECT TO ANY LAWSUIT OR JUDICIAL PROCEEDING ARISING OR RELATING TO THESE TERMS & CONDITIONS.