Privacy policy

Terms of Use

A.  General Terms of Use of Nu Leaf Produce Market’s Website


YOU MUST read
 and accept these policies, terms and conditions prior to each use by you of Nu Leaf Produce Market’s Website Online Ordering

Your use of the nuleafproducemarket.com website (referred to hereafter as a “NLPM Website”) is governed by the following policies, terms, and conditions and by any other policies, terms and conditions.

By using a NLPM Website, you indicate your acceptance of, and agreement to be bound by, the following policies, terms and conditions.

These terms and conditions may be changed by Nu Leaf Produce Market, from time to time, without notice to you. The amended terms shall take effect when they are posted on the NLPM Website. Your use of the NLPM 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 NLPM Website.

You have and may in the future provide personal information to Nu Leaf Produce Market by using the NLPM Website.  You authorize  Nu Leaf Produce Market to collect, use and disclose any such personal information collected by them from you, subject to the applicable laws and Nu Leaf Produce Markets’ 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 Nu Leaf Produce Market to use your personal information to analyze your needs and how we 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 Nu Leaf Produce Market on the NLPM 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 Nu Leaf Produce Market 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 Nu Leaf Produce Market is not acceptance by Nu Leaf Produce Market of your request or order, nor does it constitute confirmation of an offer to sell those products request by you  by Nu Leaf Produce Market.  Nu Leaf Produce Market reserves the right at any time after receipt of your request for product to accept or decline your request.  Nu Leaf Produce Market 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 Nu Leaf Produce Market must have an acceptable method of payment, as established by Nu Leaf Produce Market. Nu Leaf Produce Market may require additional verification or information before accepting any request for product. You acknowledge that products listed on the NLPM 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 Nu Leaf Produce Market will not be liable to you in the event that Nu Leaf Produce Market cannot supply you with a particular product.

 

3.  Pricing –All prices on the NLPM Website are subject to change by Nu Leaf Produce Market without notice to you.

(a)  Invoiced Price – Each item in your request for product that Nu Leaf Produce Market agrees to supply to you will be invoiced to you at the price for that product in effect when Nu Leaf Produce Market processes your request (the “Invoiced Price”).   Subject to the Nu Leaf Produce Market 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 – Given the nature of fresh produce, and our inability to monitor how it’s been stored after delivery, we will be unable to accept claims for produce refunds or exchanges. We will not accept claims for fresh produce based on size, color, shape or ripeness.

(c)   Pricing Discrepancy – 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 Nu Leaf Produce Market. If the invoice receipt is requested by Nu Leaf Produce Market from you and you can not provide the same to Nu Leaf Produce Market for inspection, Nu Leaf Produce Market may refuse to provide this credit and you may keep the product.

(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 NLPM Website at an incorrect price due to typographical, photographic, or technical error, Nu Leaf Produce Market may, in the discretion of Nu Leaf Produce Market, not supply you with any product listed on the NLPM Website at an incorrect price.

A possibility exists that the NLPM Website could include inaccuracies or errors or that unauthorized additions, deletions and alterations could be made by third parties to the NLPM Website. Although Nu Leaf Produce Market attempts to ensure the integrity of the NLPM 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 Nu Leaf Produce Market so that it can be corrected.

 

5.  Transfer of Ownership – Nu Leaf Produce Market 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 Nu Leaf Produce Market 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.   NU LEAF PRODUCE MARKET 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 NLPM Website account set up for you by Nu Leaf Produce Market 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.  NLPM 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 Nu Leaf Produce Market Information

1.  Copyright– All content on the NLPM 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 Nu Leaf Produce Market strictly prohibited.

 

2.  Extraterritorial Issues — This site is controlled and operated by Nu Leaf Produce Market 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 NLPM Website is accessible worldwide, not all products on the NLPM Website are available to all persons or in all geographic locations or jurisdictions. Nu Leaf Produce Market reserves the right to limit the availability of the NLPM 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 NLPM Website is void in any jurisdiction where such is prohibited.

 

3.  Governing Law — Transactions between you and Nu Leaf Produce Market 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 Nu Leaf Produce Market shall be brought in the provincial or federal courts located in Kamloops, British Columbia and you hereby agree and submit to such jurisdiction and venue as proper.

 

4.  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 – NU LEAF PRODUCE MARKET DOES NOT WARRANT THAT YOUR ACCESS TO THE NLPM WEBSITE AND/OR LINKED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NLPM 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 NLPM WEBSITE AND SITE-RELATED SERVICES.YOU AGREE THAT NU LEAF PRODUCE MARKET 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 NLPM WEBSITE 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 NU LEAF PRODUCE MARKET 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 NU LEAF PRODUCE MARKET; 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 NU LEAF PRODUCE MARKET 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.