Terms of Use
Terms of Use

A.  General Terms of Use of a Quality Foods Website


YOU MUST
read these policies, terms and conditions prior to each use by you of a Quality Foods Website.

Your use of the QualityFoods.com, QualityFoods.ca and ShopQF.com website (referred to hereafter as a “ShopQF Website”) is governed by the following policies, terms, and conditions and by any other policies, terms and conditions set forth on the ShopQF Website you are using. All policies shown on a ShopQF Website are hereby included as part of the Terms Of Use of a ShopQF Website.

By using a Shop QF Website, you indicate your acceptance of, and agreement to be bound by, the following policies, terms and conditions and by any other policies, terms and conditions set forth on the ShopQF Website you are using.

These terms and conditions may be changed by Quality Foods, from time to time, without notice to you.  The amended terms shall take effect when they are posted on the Shop QF Website. Your use of the ShopQF Website, following any such amendment or amendments, will constitute your agreement to the policies, terms, and conditions in effect at the time when you are then using the ShopQF Website.

You have and may in the future provide personal information to Quality Foods by using the ShopQF Website.  You authorize Quality Foods to collect, use and disclose any such personal information collected by them from you, subject to the applicable laws and Quality Foods’ Privacy Policy regarding personal information, for the purposes of communicating with you, assessing your request for products, detecting and preventing fraud and as required by law.  You authorize Quality Foods to use your personal information to analyze your needs and how Quality Foods can provide better service to you and to use your information, with information from its other customers, to analyze its business results and provide suppliers with unidentifiable aggregate information.

B.  Purchases

By submitting a request for products to Quality Foods on a ShopQF Website, you indicate your acceptance of, and agreement to be bound by, the following policies, terms and conditions:

1.  Information --You agree that all information that you provide to ShopQF will be accurate, complete and current, including, but not limited to, credit card or other method of payment information.

2.  Acceptance – You agree that your request for products or your receipt of an electronic or other form of order confirmation from Quality Foods is not  acceptance by Quality Foods’ of your request or order, nor does it constitute confirmation of an offer to sell those products request by you  by Quality Foods.  Quality Foods reserves the right at any time after receipt of your request for product to accept or decline your request.  Quality Foods reserves the right at any time after receipt of your request for product to supply less than the quantity you requested.  All requests for product placed with Quality Foods must have an acceptable method of payment, as established by Quality Foods. Quality Foods may require additional verification or information before accepting any request for product. You acknowledge that products listed on the ShopQF Website are subject to change without notice to you and may no longer be available. To the extent we provide information on availability of products you can not rely on such information. You agree that Quality Foods will not be liable to you in the event that Quality Foods cannot supply you with a particular product.

3.  Pricing -All prices on the ShopQF Website are subject to change by Quality Foods without notice to you. 

(a)  Invoiced Price - Each item in your request for product that Quality Foods agrees to supply to you will be invoiced to you at the price for that product in effect when Quality Foods processes your request (the “Invoiced Price”).   Subject to the Quality Foods return policy set forth in paragraph 3.(b) following, you agree to pay the price of each product that is supplied to you at the Invoiced Price.

(b)  Return Policy - If there is a discrepancy between the Invoiced Price for a product supplied to you and the price set for that product on the ShopQF Website at the time your request for product was submitted to Quality Foods (the “Website Price”) and you return that product unused, unopened and unaltered in any manner, Quality Foods will accept the return of the unused, unopened and unaltered product and credit the Invoiced Price to you.  In order to qualify for this credit, Quality Foods may require you to provide for inspection by Quality Foods and if requested by Quality Foods, you agree to provide, the invoice receipt received by you on the delivery of the product to you.   If the invoice receipt is requested by Quality Foods from you and you can not provide the same to Quality Foods for inspection by Quality Foods, Quality Foods may refuse to provide this credit and you may keep the product.

(c)  Use of Product – if there is a discrepancy between the Invoiced Price for a product supplied to you and the Website Price and you use, open or alter that product in any manner, you have agreed to pay the Invoiced Price for that product to Quality Foods.

(d)  Payment of Taxes  – You agree to pay all applicable taxes and shipping and handling charges relating to the products you purchase, in addition to the Invoiced Price.

4.  Website Errors—In the event that a product is listed on the ShopQF Website at an incorrect price due to typographical, photographic, or technical error, Quality Foods  may, in the discretion of Quality Foods, not supply you with any product listed on the ShopQF Website at an incorrect price.

A possibility exists that the ShopQF Website could include inaccuracies or errors or that unauthorized additions, deletions and alterations could be made by third parties to the Shop QFWebsite. Although Quality Foods attempts to ensure the integrity of the ShopQF Website, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that you determine that such an inaccuracy arises, we would appreciate it, if you would inform us at Quality Foods so that it can be corrected.

5.  Transfer of Ownership -- Quality Foods retains title to the products until the product has been paid for by you in full.

6.  Product Warranties -- You agree that any products purchased by you from Quality Foods are purchased by you on an "as is” basis without representations, warranties or conditions of any kind, either express or implied, to the maximum extent permitted by law.   QUALITY FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED BY YOU IN TERMS OF ITS BEING FREE OF ANY DEFECT, ITS SUITABILITY FOR YOUR PURPOSE OR OTHERWISE unless those representations and warranties are implied on the purchase of the product by the laws of the Province of British Columbia.  

You also agree to the Limitations on your rights set forth at the end of these Terms of Use.

7.  Supervision-  You agree that you are solely responsible to supervise the access to any ShopQF Website account set up for you by Quality Foods and that you are responsible for and will pay all charges incurred by you or any other users of your account, your credit card or any other payment method of payment you provide.  ShopQF and the products listed may not be suitable for children. We encourage parents to supervise the online activities of their children and consider using parental control tools to assist in providing a child-friendly environment.

C.   Other ShopQF Information

1.  Copyright-- All content on the ShopQF Website including the elements of design and layout unless otherwise noted is copyrighted material and protected by law and may not be copied or imitated in whole or in part. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the express written permission of Quality Foods strictly prohibited.

2.  Trademarks--Quality Foods®, Q-Card™, Rocco's Pizza™, Appy Hour™, and the Quality Foods and QF Quality Foods logos are trademarks of Kelland Foods Ltd.  These marks may not be used in connection with any product or service that is not provided by Quality Foods, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Quality Foods. All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Quality Foods and these companies.

3.  Extraterritorial Issues -- This site is controlled and operated by Quality Foods from its offices within the Province of British Columbia, Canada. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with laws governing export of hardware and software and other applicable laws, including local laws, if and to the extent local laws are applicable. 

Although the ShopQF Website is accessible worldwide, not all products on the ShopQF Website are available to all persons or in all geographic locations or jurisdictions. Quality Foods reserves the right to limit the availability of the ShopQF Website and/or the provision of any product to any person, to geographic area or to any jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any request or offer for any product made on the ShopQF Website is void in any jurisdiction where such is prohibited. 

4.  Governing Law -- Transactions between you and Quality Foods shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to the laws regarding conflicts of law. Any litigation regarding any agreement or any transaction between you and Quality Foods shall be brought in the provincial or federal courts located in Nanaimo, British Columbia and you hereby agree and submit to such jurisdiction and venue as proper.

5.  Miscellaneous--If any provision of any agreement arising from these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of any remaining provisions of any such agreement. Any heading, caption, or paragraph title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

 

Disclaimer and Limitation of Liability

A.  Website Use - QUALITY FOODS DOES NOT WARRANT THAT YOUR ACCESS TO THE SHOP QF WEBSITE AND/OR LINKED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHOPQF WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SHOPQF WEBSITE AND SITE-RELATED SERVICES.YOU AGREE THAT QUALITY FOODS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES HOWSOEVER ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR USE, MISUSE OR INABILITY TO USE THE SHOP QFSITE OR SITE-RELATED SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS DUE TO WORK STOPPAGE, LOSS DUE TO COMPUTER FAILURE OR MALFUNCTION, OR LOSS DUE TO INTERRUPTION OF BUSINESS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, including NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE.

 

B.  Product Use -  YOU AGREE THAT QUALITY FOODS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES HOWSOEVER ARISING OUT OF, OR RELATING IN ANY WAY TO:

1   YOUR USE, MISUSE, OR INABILITY TO USE PRODUCTS PURCHASED FROM QUALITY FOODS; OR

2.   ANY DEFECT IN A PRODUCT;

REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, including NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE. YOU AGREE THAT IF THIS LIMITATION OR ANY PART OF IT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE AGAINST YOU, THAT YOU AGREE THAT THE MAXIMUM LIABILITY OF QUALITY FOODS TO YOU SHALL BE THE AMOUNT PAID BY YOU FOR THAT PRODUCT.


Under no circumstances may data be "crawled" or "scraped" from our website using manual or "bot" methods.