Fresh St. Market Terms and Conditions of Use

When you access this Fresh St. Market (FSM) website, or when you use it to purchase a service or product, you are agreeing to abide by the following terms and conditions and are agreeing that you have read, understood and accepted them.  If you do not agree with these terms and conditions, you may not use this website.  Use of this website is also unauthorized in any jurisdiction that does not give effect to all provisions in these terms and conditions.

Ownership:

FSM is owned and operated by H.Y. Louie Co. Limited (HY Louie).  This website contains trademarks, copyrights and other proprietary material owned, used and retained by HY Louie, including the registered trade-mark ‘Fresh St. Market’.  This website, and any material from it, is the copyright of HY Louie (all rights reserved) and may not be modified, copied, reproduced, republished, uploaded, posted or distributed in any way, in part or in whole.  HY Louie’s intellectual property is protected by Canadian and international copyright and trademark laws.

Use of Website and Website Materials:

This website is intended for your personal use and is designed to promote information, services and products offered for sale by FSM within the Province of British Columbia, Canada, specifically servicing Vancouver, Surrey, North Vancouver and West Vancouver.  

You may not use this website to purchase products if you are under the age of majority in British Columbia.

You are prohibited from using this website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or using this website in any manner which could damage or impair this website or interfere with another party’s use of it.  FSM may monitor or review material transmitted or posted using this website and we reserve the right to delete any material we deem inappropriate.  However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this website. 

Offer of Service:

We reserve the right to refuse service, limit purchase and purchase quantities for any reason, terminate your account or your access to this website, and cancel orders at our sole discretion, including, without limitation, where we believe that your conduct violates applicable laws, is contrary to these terms and conditions, disrupts our normal business activities or is harmful to the interests of FSM.  Any funds remitted by you for a cancelled order will be fully refunded to you.

Other Website Links:

This website may contain links to websites that we do not own or operate.  We do not monitor those websites, or check them for accuracy.  Your ability to access another website by clicking a link on our website does not imply our approval or endorsement of that other website.  We do not share information with those websites, and we are not responsible for their actions.  If you chose to access those websites, you do so at your own risk.  

Idea Submission:

FSM does not accept unsolicited ideas for its business or operations.  Should you ignore this policy and submit an idea to FSM for a new product, packaging, marketing or other, you agree that the idea becomes and remains the sole and exclusive property of FSM without further notice, liability or compensation to you.  If you provide feedback, comments, questions or similar responses to FSM, such information shall not be confidential and shall become the property of FSM.

Registration, Personal Identification Numbers and Passwords:

Certain services and related features, such as access to personalization of this website, may require registration.  You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete.  During registration you will be asked to choose a unique login username and password.  You agree to be responsible for:

  • maintaining the confidentiality of your personal login, username and password identifiers;
  • all activities that occur, including all orders placed, under your username and password identifiers; and
  • notifying FSM of any unauthorized use of your personal username or password identifiers.

Pricing and Payment:

FSM order payments are processed via a secure payment service.  FSM accepts the following major credit cards:  Visa; MasterCard; and American Express.  FSM reserves the right to obtain credit card pre-authorization on or after the day you place your order.  Your credit card will be charged when we finalize your order.  Additional fees may be incurred if payment is declined and alternative payment arrangements are required.  You agree to indemnify FSM against any default by your credit card company to make payment to FSM in full.

Your printed invoice represents the final bill.  Some pricing is done by weight and cannot be finalized until your order is completed.  If there is a discrepancy between the displayed price online at FSM and the price on the cash register receipt, the cash register receipt price will be taken as correct for the purpose of the transaction.

Cookies:

This website uses two types of “cookies”:  a “session cookie” and a second which allows us to “set” a cookie.  A session cookie resides in memory and persists only as long as the browser is open.  This cookie holds only the information that is uniquely generated when you log on to the website and persists only as long as your browser is open.  Upon your departure from this website and closure of your browser, the information in the session cookie is removed from memory.  This website will also set a temporary cookie to remember your first name so that your subsequent visits are personalized, but you will still be required to enter your username and password each visit in order to access your account.  In order for certain website features to function, you must enable the session cookies setting on your browser.

Google Analytics:

FSM uses Remarketing with Google Analytics to advertise online.  Third-party vendors, including Google, may show our ads on sites across the Internet.  FSM and third party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.  We use data from Google’s interest-based advertising (such as age, gender, and interests) with Google Analytics to identify trends and better serve the needs of our business and customers.  No information that identifies you as an individual is collected by FSM through Google Analytics, and you will not be directly contacted by FSM based on your visit to our website without your prior consent.  You can opt-out of Google Analytics for Display Advertising, customize Google Display Network ads and customize the information that Google tracks by visiting their currently available opt-outs for the web at:

http://www.google.com/settings/ads

Disclaimer and Limitation of Liability:

FSM assumes no liability for any damage to you, your computer or your other property due to your access to, use of, or downloading of this website or any material on this website.

FSM strives to provide accurate and up-to-date material on this website.  However, we make no warranty or representation as to the accuracy, completeness or timeliness of the information on this website and assume no liability or responsibility for any errors or omissions in it.   Your use of this website, and the material from it, is solely at your own risk. 

This website contains photographs, nutritional information, ingredients and recipes that FSM received from manufacturers or suppliers.  FSM does not investigate the accuracy of this information or provide assurance that all data entry was done without error.  Therefore, the information displayed cannot be guaranteed and the actual physical items should be considered the authoritative source.   Advice received via this website should not be relied upon for any personal, nutritional, medical, technical, legal or financial decisions.  You should consult an appropriate professional for specific advice tailored to your specific situation. 

FSM makes no warranties, whatsoever, express or implied, as to the products sold or the services provided including, without limitation, warranties of merchantability or fitness for a particular purpose, quality or quantity.  Shopping at FSM and the services and products listed on this website are provided on an "as is” and "as available” basis.  Price and availability is subject to change without notice.  FSM will not be liable to you in the event that it cannot supply you with a particular product or service.  

Subject to the FSM Privacy Policy, FSM has the right to disclose any information on this website necessary to satisfy any law, regulation or other governmental inquiry. 

To the maximum extent permitted by law, in no event shall FSM or its affiliates be responsible or liable for any loss or damages whatsoever arising out of or in any way connected with the use, performance or non-performance of this website, or arising from your failure to comply with these terms and conditions.

Applicable Law:

This website originates in the Province of British Columbia, Canada.  You agree that the laws of British Columbia, Canada govern any use of this website, without regard to rules related to conflict of laws.   The courts of the Province of British Columbia shall have exclusive jurisdiction over all disputes arising out of or in relation to the use of this website. 

General:

FSM is not liable for breach by it of any term or condition arising by reasons of force majeure, namely, any circumstance beyond the control of FSM including but not limited to weather events, fire, strikes or other labour disputes, computer virus or breakdown of equipment or utilities and telecommunications.   Failure of FSM to insist upon or enforce strict performance of any right in these terms and conditions shall not constitute or be construed as a waiver of any right or provision. 

FSM may modify these terms and conditions at any time and without notice.