PLEASE CAREFULLY READ THIS AGREEMENT BEFORE ACCESSING OR USING THIS TGP CLIENT WEBSITE VIA WEB.TGP.CRS (“SITE”). BY ACCESSING AND USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY OTHER TERMS OF USE, POLICIES OR DOCUMENTS REFERRED TO HEREIN. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
Introduction
“The Grocery People” and/or “TGP” are registered business names of Federated Co-operatives Limited (“FCL”).
The following terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and FCL. Your access and use of this Site, including the services offered pursuant to this Site, constitutes your acceptance of and agreement to comply with the following Terms and Conditions which FCL may change from time to time without notice. If you are accessing this Site on behalf of an organization you are accepting this Agreement for that organization and are representing that you have the authority to bind that organization to this Agreement. If the Terms and Conditions of this Agreement are updated or amended, FCL will publish the amended version on this Site. It is your responsibility to revisit the location of the Terms and Conditions on the Site periodically check for such updates as they will be binding on you. The last revision date for these Terms and Conditions is October 23, 2020.
For clarity, these Terms and Conditions relate to your access and use of this Site only, and do not replace or modify any other agreement that you may have with FCL or an FCL member, affiliate or subsidiary, the terms and conditions of which agreement will take priority over these Terms and Conditions in the event of any conflict.
1. Site and Use
This Site, including the services, and all of the Site Content (as defined below) is provided for your use by FCL and FCL grants to you a limited, revocable, personal, non sub-licensable, non-transferable, non-exclusive right to access and use the Site in accordance with these Terms and Conditions and all applicable local, provincial, and federal laws, rules and regulations.
You agree to use this Site and any services offered pursuant to this Site, only for the purposes that are permitted by (a) these Terms and Conditions, (b) any applicable law, regulation, or generally accepted practices and guidelines in the relevant jurisdictions; or (c) FCL as authorized in writing from time to time. You acknowledge that you are solely responsible for any and all activities and transactions that occur through your access and use of the Site and services offered.
You may download, copy and print selected portions of the Content and other downloadable material on this Site for your personal, non-commercial use, or internal commercial use within your organization only, and provided that you maintain all copyright and other notices contained on this Site or in the Content. “Content”, unless otherwise noted, refers to all images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written or other materials that are part of this Site. Any other use of Content not expressly authorized herein is strictly prohibited.
FCL reserves the right to terminate your access to this Site for any reason in its sole discretion, including, without limitation, where FCL believes that your conduct violates applicable laws, is contrary to these Terms and Conditions, disrupts FCL’s normal business activities or is harmful to the interests of FCL including that of its affiliates, subsidiaries, members, independent clients or customers.
2. Sale of and Use of Products and Services
The products and services displayed, promoted for sale or available for use on this Site may be subject to additional terms and conditions. All prices listed on the Site are in Canadian dollars and all charges will be processed in Canadian dollars.
Unless otherwise stated, the price of products and services displayed online are based on supply agreements in effect with FCL. Prices listed are exclusive of applicable taxes, freight and other applicable charges. FCL reserves the right to correct, at any time, any pricing errors. While this Site is updated regularly, Product selection and availability may vary by and is subject to change without notice. FCL reserves the right to refuse service, limit purchase and purchase quantities for any reason, and cancel orders at its sole discretion. You agree to pay the price for products and services selected as shown. Please contact FCL for current information on pricing and availability.
FCL may provide information and resources on this Site for your general information only, which may include, without limitation, product suggestions and substitutions. Notwithstanding, FCL assumes no responsibility to you or any third party 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 product suggestions/substitutions, or any other information and resources available on this Site.
Products or Services ordered using this Site will be shipped and delivered in accordance with FCL’s standard delivery terms and conditions.
3. Third Party Materials
This Site may display, include or make available additional content, which includes, but is not limited to, data, websites, information, or materials from third parties (“Third Party Materials”). Further, “Third Party Product Information” which includes product descriptions, representation, warranties, guarantees, performance claims and other product or service information may also be provided on this Site. By using this Site, you acknowledge and agree that FCL is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, quality or any aspect of the Third Party Materials or Third Party Product Information. You acknowledge that your use of or reliance on any Third Party Materials or Third Party Product Information is at your own risk. No endorsement of or affiliation with any third party materials, products or services is expressed or implied by any information, material or content referred to, included on, or linked from or to this Site. Third Party Materials and Third Party Product Information is provided solely as a convenience to you.
4. No Warranty
You use this Site at your own risk. Information provided on the Site is provided “as-is”. FCL does not guarantee the quality, accuracy, completeness or timeliness of the information provided.
FCL assumes no obligation to update the Site. Information contained on the Site may be deemed offensive, may contain errors and may be changed without notice. Access to this Site is provided on an “as is” basis. You should not assume that the Site will be error-free or that the Site will operate without interruption. FCL is not responsible for any content or information that you may find undesirable or objectionable.
FCL disclaims all express, implied, or statutory warranties, representations and conditions of any kind with respect to the Site, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, accuracy, quiet enjoyment, or warranties arising from a course of dealing, usage or trade practice.
Further, FCL disclaims all warranties, representations and conditions regarding use of any services offered on the Site. FCL is not responsible for any delay in the provision of the services, or for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of, related to or in connections with the use or availability of the Site, products or services, whether such action is in contract, tort (including negligence) or other tortious action.
5. Site Modifications
FCL reserves the right, in its sole discretion to modify, suspend or discontinue any part of the Site at any time, without notice to you or any third party. FCL also reserves the right, in its sole discretion, to impose limits on certain Site features, functions and offerings.
6. No Liability
Without limiting the generality of any other limitation or liability stated herein, FCL is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site, Third Party Materials, or Third Party Product Information or in reliance on the information available on the Site, the Third Party Materials or Third Party Product Information, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. FCL disclaims any liability for unauthorized use or reproduction of any portion of the Site.
7. No Solicitation
No part of this Site or information, including product offerings or suggestions, should be taken to constitute an offer or solicitation to buy or sell products. Certain products and/or services may only be available in certain areas or jurisdictions. Products on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
8. Privacy
This Site collects information based on visitor’s Internet Protocol (IP) address and location if enabled. Information collected also includes a timestamp of every communication, the mobile device make and model and the operating system/version of the device that is used to access the Site. This data is used to provide localized content, create statistics on Site usage and to improve services.
If you choose to order products from FCL using this Site, you will be asked to provide your business name, business contact name, email address, cell phone number and FCL account number.
Any personal information collected, used or disclosed may be used by FCL in the resolution of any issues that arise from the usage of this Site. The personal information collected, used or disclosed by FCL is subject to FCL’s policy related to the protection of personal information which can be found at Privacy & Data Use Policy.
9. Viruses
While every effort is made to ensure that all Content and information provided on the Site does not contain viruses, you should take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your device. You must follow the recommendations of your IT professional to protect against any malware or virus.
10. Trade-marks and Copyright
The Content displayed on this Site is owned by or licensed to FCL, and FCL shall retain any and all ownership and intellectual property rights in the Site. The Site is protected by copyright, trade-mark, intellectual property and other law. You must comply with all such laws and applicable copyright, trade-mark or other legal notices or restrictions. Except as expressly stated herein, nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trade-mark displayed on this Site without the prior written permission of FCL. Any unauthorized downloading, retransmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal or common law, trade-mark and/or copyright laws and could subject the copier to legal action.
11. Conformance with Law
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.
12. Choice of Law
The laws of the Province of Saskatchewan shall govern as to the interpretation, validity and effect of this Agreement without application of any principles of conflict of laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or proceeding instituted under or related to this Site.