Terms & Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on This Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to keep yourself apprised of these terms and conditions as they may change from time to time.

We exclude all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of This Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through This Website.
 
This Website contains advertisements and information provided by third parties. There may be errors, inaccuracies, programming bugs or computer viruses in This Website or its contents. We make no warranties or representations about the accuracy or suitability of the information or links provided on This Website, including advertisements and information provided by third parties. You use the information and links at your own risk.
 
This Website contains links to Websites operated by third parties. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked Websites. We do not recommend any products or services advertised on those Websites. If you decide to access any third party Website linked from our Website, you do so at your own risk.
 
Responsibility for the content of advertisements appearing on This Website (including hyperlinks to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

You must ensure that your access to This Website is not illegal or prohibited by laws which apply to you.
 
You must take your own precautions to ensure that the process which you employ for accessing This Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of This Website or any linked Website.
 
You must not misuse our system or This Website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our Website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
 
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.

The name “Boldly Foods” and our logo are trademarks owned by us. You are not permitted to use or reproduce (or authorize anyone else to use or reproduce) our trademarks.

Our Website also contains trademarks and other intellectual property owned by third parties. You are not permitted to use or reproduce (or authorize anyone else to use or reproduce) or otherwise interfere with or breach the rights of the intellectual property of such third parties.

Unless otherwise noted, all Content, as defined below, on This Website is protected pursuant to US Copyright laws or other intellectual property laws, and is owned, controlled or licensed by us. Unauthorized use or copying is a violation of the law. You are granted no rights to this intellectual property through your use of our Website. We and our Affiliates and licensors expressly reserve all intellectual property rights in all Content. 

We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. We view this use as trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.

Unless we agree otherwise in writing, you are provided with access to This Website only for your personal use. You are authorized to print a copy of any information contained on This Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from This Website.
 
Note: You must be 18 years or older and the age of majority in your place of residence to use our Website.

All materials and information on our Website, including text, images, designs, logos, programs, and video (collectively, the “Content”), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only. However, you: 

(1) must retain all copyright, trademark or other proprietary designations that belong to us or third parties contained on all Content; 
(2) do not modify or alter the Content; and 
(3) do not provide or make available the Content to any third party. 

Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or  our Website without first obtaining our written permission.

We reserve the right to terminate, change, suspend or discontinue any aspect of our Website at any time and without notice. We further reserve the right to block or deny access to our Website to anyone at any time for any reason.

This Website is provided on an “as is” and “as available” basis. Except as otherwise specifically set forth herein, and to the fullest extent permitted by law, you expressly agree that use of the service and Website is at your sole risk. Neither the company, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party service or content providers (“providers”), merchants (“merchants”), sponsors (“sponsors”), licensors (“licensors”), or the like (collectively, “associates”), warrant that the service will be uninterrupted or error-free. Neither the company nor its associates, warrants the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Website. The company makes no representation that content provided on the Website is applicable to, or appropriate for, use in locations outside of the United States. The company and its associates specifically disclaim all warranties. Whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by the company or its associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties; accordingly, the above limitation or exclusion may not apply to your case. 

Except as otherwise specifically set forth to the contrary herein, to the fullest extent permitted by law, under no circumstances shall the company, its affiliates, or any other party involved in creating, producing, manufacturing, distributing, marketing, or selling the service, products, services on This Website, be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use the service, including but not limited to reliance by you on any information obtained from the service or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the company’s records, programs, or services. 

We undertake to comply with the terms of our privacy policy, which is provided on This Website. By using This Website, you acknowledge that you have read our privacy policy.
 
Cookies may be required to use our services. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. We use cookies to record current session information.
 
We do not currently require our users to register in order to access our Website, but reserve the right to do so in the future. Should we implement a registration process we will of course commit to comply with any privacy legislation applicable at the time in respect of your user information.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Access to This Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

These terms and conditions are governed by the laws in force in Delaware, United States of America.

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract that includes a provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Accordingly, no provision in these Terms of Use shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: 

(i) seller’s tortious actions (such as negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); 
(ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (such as the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); 
(iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (such as the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); 
(iv) the New Jersey Uniform Commercial Code (such as a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and 
(v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (such as computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). 

In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. As such, under the Limitations of Liability section in these Terms of Use, the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ACCESSIBILITY STATEMENT 

We strive to ensure that our Website, mobile applications, as well as, our services are accessible to people of all abilities. We continue to develop, test and update these platforms using the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline. If you experience any difficulty with any of our platforms, please let us know by contacting us via email at hello@boldlyfoods.com.   

We respect the rights of owners of copyrights holders. To that end, we have adopted and implemented a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of copyright holders. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a repeat offender, your access will be suspended or terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent (identified below) with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s Copyright Agent for notice of claims of copyright infringement on or regarding This Website can be reached as follows:

Boldly Foods Holdings Pty Limited
Attn: COPYRIGHT AGENT
C/- Deloitte Private Pty Limited
Level 7, Quay Quarter Tower
50 Bridge Street
Sydney, NSW 2000 AUSTRALIA
Email: hello@boldlyfoods.com 

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, employees or agents, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from: 

(i) your use (or use by any third party using your account) of the Service, including in violation or breach of the Terms of Use;
(ii) your Comments or any user submissions;
(iii) your violation of any rights of a third party; or 
(iv) your violation of any applicable law, rule or regulation. 

This indemnification obligation will continue after you stop using the Service and/or the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.