Terms of use.
Terms of service.
Updated March 18, 2022
IF YOU DO NOT ACCEPT THIS PRIVACY POLICY (AND (OR) CHANGES, ADDITIONS AND (OR) AMENDMENTS THERETO) - DO NOT USE THIS WEBSITE
IN CASE OF CONTRADICTIONS BETWEEN THIS VERSION AND ITS TRANSLATIONS (IF APPLICABLE), ENGLISH VERSION SHALL PREVAIL
This website (“Site”) is provided by Poppy’s (“we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Site (the "Agreement"). Poppy’s provides you access to this Site subject to the terms and conditions of this Agreement. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Poppy’s reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, Poppy’s will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.
By using this Site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.
SALE OF PRODUCTS & SERVICES
The sale of products and services on this Site may be subject to additional terms that will be made available to you when you place your order.
Note that the price of some of the products available online will vary depending on your shipping location. The first time that you access Poppy’s, you will be prompted to insert your postal code, and this postal code will be stored as your shipping location for subsequent visits to Poppy’s. If your shipping location changes, you can update your postal code/shipping address during your visit to Poppy’s.
CANADIAN USAGE
This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Poppy’s or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Poppy’s and is also protected by Canadian, U.S. and international copyright laws.
Poppy’s and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Poppy’s or any third party's intellectual property rights.
The Poppy’s names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Poppy’s and are used in Canada under exclusive license by Poppy’s. All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.
LINKS
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Poppy’s endorsement, sponsorship or recommendation of the third party, information, product or service. Poppy’s is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
PASSWORDS AND ACCOUNTS
You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. Poppy’s is not under any obligation to verify the actual identity or authority of any user of a password and login name. Poppy’s may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
You agree to notify Poppy’s immediately in the event that the confidentiality of your account or password is compromised. Poppy’s has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.
Poppy’s may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. v Canada will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site other than the search engine and search agents available from Poppy’s on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome, Safari).
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Poppy’s on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Poppy’s a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however Poppy’s desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Poppy’s is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.
You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of Poppy’s and its successors, assigns and licensees.
Poppy’s does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Poppy’s the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Poppy’s and its affiliates for all claims resulting from or relating to any Comments you submit.
Poppy’s and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
OBJECTIONABLE CONTENT
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Poppy’s and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.
INFORMATIONAL PURPOSES ONLY
Insurance and financial-related information that may be provided on this Site is provided for your general information only, and is not intended to substitute for, or provide, professional legal, investment, insurance, financial, accounting or tax advice. If you require any such advice, you should retain the services of a competent and/or licensed professional.
Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by our vendors, partners, and other third parties, and are not independently verified by Poppy’s. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this Site attempts to be accurate in its product and/or service descriptions, Poppy’s does not represent or warrant that product and/or service descriptions or other Content on this Site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with Poppy’s Return Policy, or cancel the service in accordance with the applicable service agreement.
Poppy’s and/or our vendors, partners and other third parties may also provide recipes, health, nutritional, wellness, prescription, pharmaceutical, tips, instructions and other information and resources on this Site for your general information only. Because various aspects of products and services can change at any time, you should always be sure to read and follow the labels and instructions that accompany any products or services you use or purchase from Poppy’s. No health, nutritional, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a healthcare professional. This information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any product or service is safe for you. You should carefully read all the information provided by the manufacturer of the product or service on or in the product or service packaging and labels and consult your healthcare professional for advice and treatment before using the product or service. POPPY’S, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE RECIPES, HEALTH, NUTRITIONAL, WELLNESS, PRESCRIPTION, PHARMACEUTICAL, TIPS, INSTRUCTIONS AND OTHER INFORMATION AND RESOURCES AVAILABLE ON THIS SITE.
In-store prices are based on the Poppy’s store you have selected. Items listed on this site may not be available or in-stock at all times for purchase on the site or at all stores. Poppy’s reserves the right to correct, at any time, any pricing errors. While the Site is updated regularly, prices, selection and availability may vary by store and are subject to change without notice. Visit or call your local Poppy’s for current information on pricing and availability.
INDEMNIFICATION
You agree to defend, indemnify and hold Poppy’s harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.
PRIVACY
Poppy’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by Poppy’s privacy policy. In using the Site, you also agree not to send or cause emails to be sent to individuals without their consent (e.g. through sharing or friend referral functions) or to post any Comments that include personal information of third parties.
DISCLAIMER
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS SITE IS PROVIDED BY POPPY’S ON AN "AS IS" AND "AS AVAILABLE" BASIS. POPPY’S MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, POPPY’S DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POPPY’S DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT .
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL POPPY’S AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF POPPY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
GENERAL
Except for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and Poppy’s in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Poppy’s to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Poppy’s rights with respect to such breach or any subsequent breaches. Poppy’s shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of Poppy’s. These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Poppy’s and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Poppy’s or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.