Website & Company Terms and Policies

Welcome

For the purpose of this statement Aliya's Foods will be known as “THE OWNER”

Welcome and thank you for visiting the ChefBombay.com website by Aliya’s Foods Limited and Aliya's Foods USA Inc (“Aliya’s Foods”, “Us”, “us”, “We” or “we”). The purpose of these Terms of Use (the “Agreement”) is to set out the terms and conditions governing the use of the Website.

The Agreement applies to the use of the Aliya’s Foods Website at www.ChefBombay.com, www.aliyasfoods.com, www.aliyasfoodsusa.com and all affiliated websites owned and operated by Aliya’s Foods Limited (collectively, the “Website”), by any user for use on any electronic computing device and mobile computing device, including but not limited to, smart phones and tablet, laptop and desktop computers. You acknowledge that you have read, understood and agree to be bound by the Agreement.

Please read the Agreement carefully. By accessing the Website and any of the corresponding services, you agree to acknowledge, accept and comply with the Agreement.

Use of the Website is subject to the Agreement, including the Privacy Policy. We may modify the Agreement, including the Privacy Policy, at any time, and such modifications shall be effective immediately upon posting the modified Agreement and Privacy Policy on the Website. You agree to review the Agreement regularly to be aware of such modifications, and your access to or use of the Website constitutes your acceptance of the Agreement as it appears at the time of your access or use. From time to time, Aliya’s Foods may offer you the opportunity to participate in additional features or services through the Website. You may be required to enter into additional agreements, authorizations or terms before you can access such features or services.

Eligibility

By accessing the Website, you represent and warrant to Aliya’s Foods that you have the right, authority and capacity to agree to and abide by the Agreement, and you will use the Website in a manner consistent with any and all applicable laws and regulations.

By accepting the Agreement, you are given a limited right and permission to use the Website subject to any limitations, conditions and restrictions established by Aliya’s Foods from time to time, in the sole discretion of Aliya’s Foods. Aliya’s Foods may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database or content of or on the Website. Aliya’s Foods may also impose limits on certain features and aspects of the Website or restrict your access to parts or all of the Website without notice or liability and for any reason.

Aliya's Foods Website

Aliya’s Foods provides the Website to you for the purpose of providing you with information about Aliya’s Foods, its employees, and the food products sold by Aliya’s Foods and to allow you to contact us via an imbedded form. The Website provides you with details about the ingredients and nutritional content of specific products made and offered for sale by Aliya’s Foods, subject to modifications.

The Website may not contain the most up to date information and nutritional facts about a particular product as Aliya’s Foods may modify the content of any product from time to time. For the most up to date information and nutritional facts about any product listed on the Website, you must contact Aliya’s Foods directly or check the current packaging of the product. We may change the ingredients and nutritional values in a particular product shown on the Website without notice to you. You agree to review the packaging of a particular Aliya’s Foods product or to contact Aliya’s Foods directly from time to time and before ordering the product to make yourself aware of such modifications. You agree not to rely on the ingredient list and nutrition facts of any particular product shown on the Website.

Errors or Omissions

The Website may contain typographical errors, inaccuracies or omissions and may not be complete or correct. Such errors, inaccuracies or omissions may relate, for example, to product description, pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies and to change or update the information on the Website at any time, without prior notice to you.

While Aliya’s Foods strives to keep all content current and correct, Aliya’s Foods makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of information, products, services, or related graphics contained here or on any of the websites. Aliya’s Foods will not be liable in any way and to any person for the access or use of the Website, including, but not limited to, errors or omissions in any information sources.

Code of Conduct

You agree to use the Website in accordance with the following Code of Conduct:

You will not use the Website to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You will not post, promote or distribute information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
You will not use the Website to infringe the privacy rights, intellectual property rights, or any other rights of any person.
You will not use the Website in any manner that impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity.
You will not use the Website to promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices.
You will not forward chain letters, junk mail or spam e-mails through the Website.
You will not use the Website in any manner intended to defraud, swindle or deceive any person or entity, including other users of the Website.
You will not use the Website to access or disseminate another person's personal Information.
You will not use the Website to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of the Website, or cause injury to Aliya’s Foods, the computer network or systems, or any other users systems in any way.
You will not cause the Website to be accessed through any automated or robotic means, including but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Website.
You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing any portion of the Website to you.
You will not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Website. You will use the Website and any contents of the Website solely for lawful purposes.
You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content.
You will not take any action to interfere with, or disrupt, the Website or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to the user under the Agreement. No permission is given to you to link or provide references to Website and to use any of Aliya’s Foods's intellectual property rights, including trademarks and trade names to provide such links or references, unless you have written agreement and permission from Aliya’s Foods.

Third Party Changes

You understand and acknowledge that using the Website is at your risk. You are responsible for any and all fees or charges, or both, that arise out of your use of the Website, including but not limited to the fees and charges associated with your wireless carrier. You must contact your wireless carrier and any other applicable service provider directly for more details.

Privacy Policy and Consent To Use of Data

Privacy Policy. The Privacy Policy describes the practices of Aliya’s Foods with respect to collection, use, storage and disclosure of personal information provided to Aliya’s Foods by users of the Website. The Privacy Policy forms an integral part of the Agreement. Aliya’s Foods respects and uphold individual rights to privacy and the protection of personal information. Aliya’s Foods knows how important it is to protect your personal information and wants to make your experience safe and secure. In keeping with that goal, Aliya’s Foods has developed the Privacy Policy to explain Aliya’s Foods’ practices for the collection, use, and disclosure of your personal information. Aliya’s Foods will only collect, use or disclose your personal information in accordance with the Privacy Policy and all laws applicable to the collection, use and disclosure of such information. When you choose to provide Aliya’s Foods with your personal information, you consent to the use of your personal information as identified in the Privacy Policy. You must refer to the Privacy Policy for more details.
Consent to Use of Data. You agree that Aliya’s Foods may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to the Website. Aliya’s Foods may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Sharing Your Content and Information. Subject to the application of the Privacy Policy, any material, including questions, comments or other information that you submit, upload or send to the Website or to Aliya’s Foods using the Website, is non-confidential. You agree that we may use such material for any purpose, including for reproduction. In addition:
Canada’s Anti-Spam Legislation. By contacting us using the Website to ask a question or make a comment, or by making any other request through the Website, you agree to receive a response from us using the contact information that you provided to us or any other contact information we have previously received from you, including by e-mail or text message.
Pursuant to Canada’s Anti-Spam Legislation, you agree to receive commercial electronic messages such as emails and text messages for the purposes related to the Agreement and the use of the Website from Aliya’s Foods. You may withdraw this consent by written notice to Aliya’s Foods using the contact information indicated in Section 18.

Intellectual Property Rights

License. Subject to the Agreement, Aliya’s Foods grants you a non-exclusive, non-transferable, revocable license to use the Website on your compatible mobile, desktop or other electronic devices.
Use of Website. The Website and all of its contents are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and are owned, controlled, and/or licensed by Aliya’s Foods and/or its affiliates or licensors. The Website and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Website should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trademarks, signs, logos, or other names or copyright in the content in the Website without the expressed written consent of the applicable rights holder.
Our IPR. The content and design of the Website are protected by Canadian and international copyright laws. Aliya’s Foods is the sole and exclusive copyright owners of the Website and its content, including, but not limited to, visual interfaces, interactive features, text, graphical content, design, products, video, and data (“Our Content”). You may not copy, reproduce, republish, upload, post, display, transmit or frame any of Our Content without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Aliya’s Foods or an affiliated Aliya’s Foods entity. You understand and agree that nothing in the Agreement assigns or transfers any rights, title or interests to the content or materials on the Website to you or any other user of the Website. Aliya’s Foods neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Aliya’s Foods. You may use the information on the Website solely for your personal, non-commercial use. You agree not to use, display, distribute, modify, reproduce, reformat, sell, or promote Our Content in any way except as expressly authorized by Aliya’s Foods. Except as otherwise authorized by Aliya’s Foods, Aliya’s Foods does not grant you any express or implied right or license to the Website, Our Content, or Aliya’s Foods intellectual property rights.
Your IPR. You own all of the content that you submit to the Website (“Your Content”). You specifically grant Aliya’s Foods, users of the Website, third party websites, mobile applications and any other entity that obtain Your Content from the Website, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of Your Content posted on or in connection with Aliya’s Foods. You irrevocably waive any claims or assertions any legal right that you may have in respect of the use of Your Content. You represent and warrant that you are the sole author of Your Content or have been provided express rights or permission from the rights holder to submit Your Content.

Termination of Use

Aliya’s Foods reserves the right to change, suspend or discontinue any or all aspects of the Website at any time without prior notice to you and without reason or explanation. The Agreement will terminate immediately if Aliya’s Foods becomes bankrupt, is sold or dissolves.
If you are dissatisfied with the Website or the Agreement, your sole and exclusive remedy is to discontinue the use of the Website. In such an event, you agree to destroy and cease all use of all materials and intellectual property rights of Aliya’s Foods obtained by you from the Website and all copies thereof.
These provisions shall survive the termination of the Agreement, however caused.

Discalimer

YOU UNDERSTAND AND AGREE THAT ALIYA’S FOODS WEBSITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE ALIYA’S FOODS WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR OWN RISK. ALIYA’S FOODS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE OR ANY PRODUCT, MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. ALIYA’S FOODS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE HAS BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PRODUCTS LISTED ON THE WEBSITE AND ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY INACCURACY, ERROR OR MISTAKE OF CONTENT, FOR ANY INJURY THAT ARISES OUT OF THE USE OF OR ACCESS TO THE WEBSITE, AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE ALIYA’S FOODS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN ADDITION, ALIYA’S FOODS DOES NOT GUARANTEE THAT USE OF THE WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, SERVICE VIRUSES OR WORMS, OR LOSS OF DATA OR CONTENT, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Indemnification

You agree that you will indemnify and hold harmless Aliya’s Foods, its directors, officers, employees and agents against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by any person arising or relating to your breach of the Agreement or materials you have posted or any other action taken by you in relation to the Website.

Limitations of Liability

THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL ALIYA’S FOODS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO ANY USE OF THE WEBSITE, OR WEBSITE OR SERVICES ACCESSED THROUGH THE WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF THE ALIYA’S FOODS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF THE SERVICES, ANY TECHNOLOGICAL DIFFICULTIES, ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, AND/OR THE DISCLOSURE OF INFORMATION PURSUANT TO THE TERMS OR TO THE PRIVACY POLICY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALIYA’S FOODS IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY ESTABLISHMENT OR USER OF THE SERVICES.

Links to Third Party Websites

The Website may contain links to other applications or websites operated by third parties, including but not limited to third party websites that may display the Aliya’s Foods trade-marks (“Third Party Websites” or “Third Party Website”). These links are available for your convenience and are intended only to enable access to these Third Party Websites and for no other purpose.
Aliya’s Foods does not warrant or make any representation about the substance, quality, functionality, and accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Website or its content. A link to a Third Party Website on Aliya’s Foods does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Website. Aliya’s Foods makes no representation or warranty as to any products or services offered on any Third Party Website. The conditions of use and privacy policy of any Third Party Website may differ substantially from the conditions of use and legal notices that apply to your use of the Website. You must review the conditions of use for all Third Party Websites for more information about the terms and conditions that apply to your use of Third Party Websites.

Entire Agreement

The Agreement represents the entire agreement between you and Aliya’s Foods regarding the use of the Website and supersedes any other agreement or understanding on the subject matter. There are no representations or warranties or promises, express or implied, statutory or otherwise and no collateral agreements other than as expressly set forth or referred to in the Agreement.

Dispute Resolution and Governing Law

Any dispute, controversy or claim arising under, out of or relating to the Agreement or in respect of any legal relationship associated with or derived from the Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, and any non-contractual claims, shall be referred and finally and exclusively determined by arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitral tribunal shall consist of a single arbitrator. The Seat of Arbitration shall be Edmonton, Alberta. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of Alberta and Canada.

English Language

The parties hereto acknowledge that they have required this Agreement to be drawn up in the English language. Les Parties aux présentes ont expressément requis que cette entente soit rédigée en anglais. Las partes del presente reconocen que han requerido que este Acuerdo esté redactado en el idioma inglés.

Notice

We may give any notice required by this Agreement by means of a general notice on the Website or, if you have provided such contact information to us by any means, by electronic mail to your e-mail address, text message to your mobile telephone number, or by written communication by mail or courier sent to your address. Such notice shall be deemed to have been given immediately after sending by electronic mail or text message or on delivery if sending by mail or courier.
You may give any notice required by this Agreement to Aliya’s Foods by written communication in electronic mail using the contact information indicated in Section 18 and such notice shall be deemed to have been given 48 hours after such notice has been sent.

Contact Information

To the extent permitted under applicable law, you and Aliya’s Foods may communicate with each other by electronic means and such communication is acceptable as a signed writing.
If you have any questions or concerns about the Agreement or the Website, you may contact Aliya’s Foods by using the imbedded “Contact Us” form on the Website.

Why A Privacy Policy?

Policy Statement

At Aliya’s Foods Limited (“Aliya’s Foods”, “Us”, “us”, “We” or “we”), we are committed to maintaining your confidential and personal information that is provided to and collected by us. The purpose of this Privacy Policy (the “Policy” or “Privacy Policy”) is to inform you about how we use and disclose personal information provided to or collected by us, the choices you have regarding such use and disclosure, and how you may correct that information. This Policy applies to all the websites owned and operated by Aliya’s Foods (collectively, the “Website”), including ChefBombay.com, and to the users of these sites and those who contact us by mail, e-mail or telephone in connection with the services we offer. In addition to this Policy, you should consult the Aliya’s Foods Terms of Use.
The Policy is designed to meet the standards prescribed by the Canadian Personal Information Protection and Electronic Documents Act and the regulations thereunder as well as applicable provincial privacy legislation and regulations, including, the Personal Information Protection Act (Alberta), the Personal Information Protection Act (British Columbia), and An Act respecting the protection of personal information in the private sector (Quebec). From time to time, and without notice, we may make changes to this Privacy Policy that are consistent with applicable laws, and such modifications shall be effective immediately upon posting the modified Policy on the Website. You agree to review the Policy regularly to be aware of such modifications, and your access to or use of the Website constitutes your acceptance of the Policy as it appears at the time of your access or use.
We will treat personal information in a manner consistent with the Privacy Policy under which it was collected and our Privacy Policy, unless we have your consent to treat it differently. This Privacy Policy applies to any information we collect or receive about you, from any source.

What Information is Being Collected and Why?

Everyone has rights with regard to how their personal information is handled. Personal information includes information about an identifiable individual such as name, age, and identifying information and identification numbers.
Any personal information that is provided by you to us is collected, used, and disclosed in accordance with applicable laws.
We collect the following information about you:
1. Information provided by you. You may enter information on the Website or provide information to us by mail, e-mail, telephone, or any other way, that would allow us to identify you or to contact you. For example, we collect your e-mail address and any personal information you provide when you contact us by e-mail or by using our “Contact Us” page on the Website. We collect this information from you so that we may respond to your question, comment or other query. If you do not want us to collect this type of information, you can choose to not submit it to us.
2. Information gathered electronically by us. When you visit the Website to browse, read pages, or download information, the following information about your visit may be collected for the purpose of understanding the value of the Website to users by providing us with data on website usage such as:
  1. The date and time of your visit;
  2. IP Address;
  3. Location of IP address;
  4. The pages on the Website that you visit; and
  5. Which links were clicked (tracked by IP address).
3. We do not collect or share individualized usage data. The information is collected and used only in aggregate form to help us understand how users use the Website, including to help us understand the number of users that access the Website, the pages that are most commonly viewed, and the number of users from Canada and elsewhere. We do not use the Website usage data to determine your identity unless required to do so as part of an internal investigation or other law enforcement purpose or as otherwise required by law.

Presence of Cookies To Collect Website Usage

In summary, we use cookies to collect meaningful data about the website interaction of all our visitors. We do not use cookies to collect individualized data about site visitors. If you chose to disable your cookies, you will still be able to view the content on the website, but your visit will not be included in our data of website usage.
We may share your personally identifiable information with third parties who we have engaged to help us provide the Website such as Google Analytics. In each case, we will ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the Website. We may provide third parties with aggregate statistics about our visitors, traffic patterns and related Website information. These data reflect site-usage patterns gathered during visits to the Website each month, but they do not contain behavioral or identifying information about any individual member unless that member has given us permission to share that information. To help us determine the effectiveness of the Website, we may work with web analytics tools hosted by third parties who receive non-identifiable information from your browser, including the Website or the advertisement you came from, your IP address, your general geographic location, your browser and platform information, and the pages you view within the Website.

Data Retention

We will retain your information for as long as needed to provide you the Website, comply with our legal obligations, resolve disputes and enforce our agreements. Except as provided for or required under applicable law, we will not share any personally identifiable information we receive from you with any parties outside of Aliya’s Foods.

Accessing Your Information

If you have any questions about, wish to make any changes to, or correct any of the personal information that we maintain about you, you may contact us using the contact information indicated in Section 6.

Contact Us

Any questions or concerns about the operation of this Policy or the Website, you may contact Aliya’s Foods by using the imbedded “Contact Us” form on the Website.