1. Introduction

These Terms of Use and Terms of Sale ("Terms") govern your access to and use of the Canadian English-language website available at landish.ca (the "Site") and your purchase of products ("Products") from the Site. The Site is operated by Landish Foods ("Landish", "we", "us", "our"), a Canadian company incorporated under the Business Corporation Act (CQLR c S-31.1), with its head office at 5092 rue François Cusson, Montreal, QC H8T 1B3, Canada.

By accessing, browsing, creating an account on, or making a purchase through the Site, you ("you", "your") agree to be bound by these Terms and by any policies and documents they incorporate by reference, including our Return & Refund Policy and Privacy Policy. If you do not agree to these Terms, you must not use the Site or purchase Products through the Site.

These Terms apply only to purchases made directly from landish.ca for delivery to addresses in Canada. Purchases of Landish products made through other websites, retailers, or distribution channels are subject to the terms and policies of those third parties and are not eligible for refunds or returns through this Site.

For French-language customers in Canada, please visit fr.landish.ca. For orders to United States delivery addresses, please visit landish.co. Wholesale customers must use wholesale.landish.ca and will be subject to separate terms of sale.

2. Eligibility and Your Account

You must be at least 18 years old, and at least the age of majority in your province or territory of residence if higher, to use the Site or place an order. By using the the Site, you represent and warrant that you meet this requirement.

You may browse the Site without creating an account. To access certain features (including managing subscriptions), you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at hello@landish.ca if you suspect any unauthorized use of your account or any other breach of security. Landish reserves the right, in its sole discretion, to suspend or terminate your account, refuse service, or cancel orders if it believes that you have violated these Terms or applicable law, or for any other reasonable business reason.

3. Changes to the Site and to These Terms

We may update the Site, our Product offerings, and these Terms from time to time. When we make material changes to these Terms, we will change the “Effective date” above and may provide additional notice on the Site or by email where required by law.

Your continued use of the Site after the Terms have been updated constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Site and (if applicable) cancel your subscriptions in accordance with the Subscriptions and Auto-Renewals section below.

Any changes to the Terms will not apply retroactively to orders that we have already accepted before the effective date of such changes, except to the extent required by law.

4. Other Policies Incorporated by Reference

The following additional documents form part of these Terms:

• Our Return & Refund Policy, which sets out detailed rules regarding returns, refunds, exchanges, and related matters for purchases made on landish.ca; and

• Our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these documents as updated from time to time. In the event of a conflict between these Terms and the Return & Refund Policy, these Terms will prevail to the extent of the conflict, except where consumer protection laws or other applicable laws require otherwise.

5. Personal Use Only and No Resale

Products purchased on landish.ca are intended for personal use only and not for resale, redistribution, or export. You agree not to purchase Products from the Site for the purpose of resale or commercial distribution.

We reserve the right, at our sole discretion, to limit or cancel orders that appear to be placed by resellers, wholesalers, distributors, or other commercial actors, including orders that: (a) include unusually large quantities of a given Product; (b) are placed under multiple accounts using the same payment method, billing address, or delivery address; or (c) otherwise suggest an intent to resell or divert Products.

We may suspend or terminate accounts and/or cancel orders if we reasonably believe that you are purchasing Products for resale in violation of these Terms or applicable law.

6. Orders and Contract Formation

By placing an order through the Site, you make an offer to purchase the Products listed in your order. Your order is subject to acceptance by Landish. We may accept, reject, or cancel any order (in whole or in part) in our sole discretion, including after you have received an automated order confirmation.

A binding contract for the sale of Products between you and Landish will arise only when we send you a shipping or fulfillment confirmation indicating that your order has been dispatched. If we cancel all or part of your order after your payment method has been charged, we will refund the applicable amount to that payment method or, where applicable, to a Gift Card in accordance with these Terms.

All orders are subject to Product availability. We may, without liability, limit or cancel quantities available for purchase on a per-person, per-household, or per-order basis, and we may change or discontinue Products at any time.

We reserve the right to refuse or cancel any order if we suspect fraud, unauthorized or illegal activity, violation of these Terms, or other business reasons. We may also request additional information or verification before accepting an order.

7. Pricing, Taxes, and Fees

Unless otherwise indicated, all prices on landish.ca are in Canadian dollars (CAD) and are payable in Canadian dollars. Prices are subject to change without notice, but changes will not affect orders we have already accepted.

Applicable sales taxes (including GST, HST, QST, and any other provincial or territorial taxes) are calculated based on the shipping address provided at checkout and will be added to your order total. The tax rates and rules applied will be those in effect at the time of billing, as required by applicable law.

We may in the future charge certain additional fees permitted by law, such as deposits or consignment fees on certain containers or products, environmental fees, or other similar charges. Any such fees will be disclosed at checkout and will form part of your order total.

We strive to ensure that all pricing and other information on the Site is accurate; however, errors may occur. If we discover an error in the price or other information for a Product you have ordered, we may cancel your order or contact you with instructions or options before proceeding. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted an order, to the fullest extent permitted by law.

8. Payment Methods and Billing

We currently accept the following payment methods on landish.ca: major credit cards (including Visa, MasterCard, American Express, and Discover), debit cards supported by our payment platform, PayPal, Apple Pay, Google Pay, Shop Pay, Gift Cards (as defined below), and any Landish-issued Promotional Credits or other payment methods that may be made available from time to time, subject to any additional terms that may apply. We do not currently offer “buy now, pay later” financing (such as Klarna or Afterpay) on landish.ca.

By providing a payment method, you represent and warrant that you are authorized to use that payment method and that you authorize us (or our third-party payment processors) to charge the full amount of your order (including all applicable taxes, shipping charges, and fees) to that payment method.

We or our third-party payment processors may pre-authorize or charge your payment method at the time you place your order, at the time we accept your order, or at the time we ship your order. If your payment method is declined or we are unable to process payment for any reason, we may cancel your order or suspend any ongoing deliveries until payment is successfully processed.

We use third-party payment processors and do not store your full credit card details on our own systems. You acknowledge that your use of such third-party services may be subject to additional terms and privacy policies of those providers.

Additional rules apply to the use of Gift Cards and Promotional Credits, as described in the Gift Cards section below and in the Promotions, Discount Codes, Promotional Credits, Free Gifts, and Referral Program section below.

9. Gift Cards

From time to time we may offer Landish-branded digital gift cards or codes (“Gift Cards”). For the purposes of these Terms, “Gift Cards” means prepaid, digital-only cards or codes issued by us for value and purchased directly from us, redeemable toward eligible purchases on landish.ca in Canadian dollars, as described in this section. Gift Cards are distinct from Promotional Credits (as defined in the Promotions, Discount Codes, Promotional Credits, Free Gifts, and Referral Program section) and are subject to different rules.

Gift Cards are available in fixed denominations that we may make available from time to time. Gift Cards do not expire and we do not charge activation, service, or maintenance fees. Once a Gift Card has been issued or delivered (for example, by email to you or your designated recipient), it is non-refundable and may not be redeemed for cash, except to the limited extent required by applicable law.

Gift Cards may be used only to pay for eligible Products, applicable taxes, and shipping charges on landish.ca. Gift Cards cannot be used to purchase other Gift Cards or any instruments that are convertible to cash. Gift Cards cannot be redeemed at retail locations, on any other Landish websites (including landish.co, fr.landish.ca or wholesale.landish.ca), or through third-party sellers or marketplaces, unless we expressly state otherwise.

Subject to system capabilities, you may use a Gift Card to pay for the first order in a Product subscription created on landish.ca. Recurring subscription charges after the first order must be paid using another eligible payment method and will not automatically be debited from a Gift Card balance.

If you purchase Products using a Gift Card, any refund for that purchase (or part of it), whether under our Return & Refund Policy or otherwise, will be issued back to a Gift Card to the fullest extent permitted by applicable law. We will not provide cash refunds or refunds to credit cards or other payment methods for amounts paid with a Gift Card, except where required by law. If a purchase is made using both a Gift Card and another payment method, any refund will typically be applied first to the other payment method up to the amount originally charged to that method and then, if necessary, to a Gift Card.

If the total amount of your purchase exceeds the available balance on your Gift Card, you must pay the difference using another accepted payment method. Any unused balance on a Gift Card will remain available for future purchases, subject to these Terms. We may, but are not obligated to, allow you to redeem multiple Gift Cards on a single order, subject to technical and fraud-prevention limits.

Treat your Gift Card and Gift Card code like cash. We are not responsible for lost, stolen, damaged, or misused Gift Cards, or for any unauthorized use of a Gift Card, once it has been delivered to you or your designated recipient. We may, in our sole discretion and without obligation, replace a Gift Card or adjust its balance if we can verify that it has not been redeemed and you provide proof of purchase, but we are under no obligation to do so. We reserve the right to suspend or cancel a Gift Card, or to refuse or cancel orders paid with a Gift Card, if we suspect fraud, abuse, or other violation of these Terms.

Gift Cards are not credit, debit, charge, or bank cards, are not interest-bearing, and do not create any deposit account or other similar relationship between you and us. Your rights with respect to Gift Cards are limited to those described in these Terms and any additional terms provided at the time of purchase.

10. Shipping, Delivery, and Risk of Loss

Orders placed on landish.ca are shipped from within Canada to delivery addresses located in Canada only. Orders cannot be shipped to addresses outside of Canada through this Site.

Unless otherwise indicated on the Site at the time of purchase, standard shipping fees apply as follows: (a) for orders under $74 (before taxes and after discounts or promotional codes), a flat shipping fee of $9.99 will be added; and (b) for orders of $74 or more (before taxes and after discounts or promotional codes), standard shipping is free. We do not currently offer express or expedited shipping options through the Site.

We use one or more third-party carriers to deliver your order, including Canada Post as our primary carrier and other carriers such as Canpar or UPS (or reasonably comparable alternatives) from time to time, at our discretion.

Any delivery dates or timeframes provided on the Site or in order confirmations are estimates only and are not guaranteed. We are not liable for delays in delivery that are outside our reasonable control, including delays or failures caused by carriers, weather, strikes, public emergencies, or other events of force majeure.

Title to the Products and risk of loss pass to you when we deliver the Products to the carrier for shipment to the delivery address you provided at checkout, except to the extent that applicable consumer protection laws in your province or territory provide otherwise. Once the carrier confirms delivery of the Products to the delivery address, we are not responsible for any loss, theft, or damage that occurs after delivery, including where a package is left at your address without a signature, subject to any non-excludable rights you may have under applicable law.

If a package is reported by the carrier as lost in transit or undeliverable, you must contact us promptly at hello@landish.ca so that we can work with the carrier to investigate. We may, at our discretion and subject to applicable law, replace or refund the order or take other appropriate steps. If the carrier’s records show that the package was delivered to the address you provided, any replacement or refund will be at our sole discretion.

11. Temperature-Sensitive Products and Storage

Some Products may be sensitive to temperature or other environmental conditions during shipping or after delivery, including exposure to heat or cold. You are responsible for providing a suitable, accurate shipping address and for promptly retrieving and safely storing your Products upon delivery.

To the fullest extent permitted by applicable law, Landish is not responsible for damage to Products resulting solely from exposure to temperature or other environmental conditions during shipping or after delivery where the Products otherwise comply with applicable legal warranties, including statutory warranties of quality and durability. We may, at our sole discretion, decide to replace or refund Products affected by such conditions as a courtesy in individual cases, but this does not create an obligation to do so in the future.

12. Product Information, Natural Health Products, and Health Disclaimer

We use reasonable efforts to ensure that Product descriptions, ingredient lists, nutrition facts, and other content on the Site are accurate and up to date. However, we do not guarantee that such information is error-free, complete, or current at all times, and minor variations may occur, including due to manufacturing or packaging changes. The actual Product packaging and materials may contain additional or different information than what is shown on the Site. You should always read labels, warnings, and directions provided with the Products before use and not rely solely on information on the Site.

Some of our Products are Natural Health Products or similar regulated products in Canada. Any health-related statements, including claims that have been reviewed or approved by Health Canada, are intended for informational purposes and must be understood in that regulatory context. Nothing on the Site is intended to discredit or contradict Health Canada–approved claims for those Products.

Except as expressly stated on Product labels or as required under applicable law, the content on the Site (including Product descriptions, blog posts, recipes, and other materials) is provided for general informational and educational purposes only and does not constitute, and is not a substitute for, professional medical, nutrition, or health advice, diagnosis, or treatment.

You should always consult a qualified healthcare professional before using any Product, especially if you are pregnant or breastfeeding, have a medical condition, are taking prescription or over-the-counter medications, have known allergies or intolerances, or intend to use the Product for children or other vulnerable individuals.

You must use Products only as directed, not exceed recommended serving sizes or daily intakes, and not rely on any Product as your sole source of nutrition. If you experience any adverse reaction, stop using the Product and consult a healthcare professional.

Nothing in these Terms is intended to limit any legal warranties that apply by operation of law, including statutory warranties of quality, durability, and fitness for ordinary purposes that may apply under the Consumer Protection Act (Quebec) and other provincial or territorial consumer protection laws.

13. Subscriptions and Auto-Renewals

We offer optional subscription plans for certain Products, which allow you to receive recurring deliveries at regular intervals. Subscription intervals may include 15, 30, 60, 90, 120 or 180 days, as well as customized intervals available through your online account after your first subscription order has been completed.

When you enroll in a subscription, you authorize Landish (or our third-party payment processor) to automatically charge your selected payment method for the recurring subscription orders at the then-current subscription price for the applicable Product(s), plus applicable taxes and any shipping or other charges, for as long as your subscription remains active. Subscription orders will continue to renew automatically until you cancel.

Subscription prices may differ from non-subscription (one-time purchase) prices and are subject to change at any time, including between renewal cycles. Any such price changes will apply to future subscription orders and will be communicated in or alongside the pre-renewal reminder described below.

Before each upcoming subscription order is processed, we will send you a reminder by email and/or SMS (where you have consented to receive such communications) approximately three (3) days before the regularly scheduled order date, summarizing the upcoming order and providing instructions on how to modify, skip, or cancel through your online account. The exact timing and content of these reminders may vary and may be affected by factors outside our control (including email or SMS delivery issues).

You may pause, modify, or cancel your subscription at any time through your customer account portal on landish.ca. Requests to cancel, skip, or modify a subscription order made by email or other indirect means may not be processed in time and cannot be guaranteed; in such cases, the regular refund and return rules set out in these Terms and in our Return & Refund Policy will apply.

Once a subscription order has entered fulfillment (for example, when it is being prepared, packed, or shipped), we may not be able to modify or cancel that order, even if your request was submitted before that time. We will use reasonable efforts to apply changes requested before fulfillment, but we cannot guarantee that such changes will be applied in all cases.

Each subscription order is a separate purchase. Except as otherwise provided in these Terms or required by law, subscription orders are subject to the same return, refund, and exchange rules as non-subscription orders.

You may cancel your subscription at any time without penalty and without any minimum number of renewal cycles. Cancelling a subscription prevents future automatic orders but does not automatically cancel or refund any orders that have already been accepted or fulfilled, which will be handled in accordance with these Terms and our Return & Refund Policy.

14. Promotions, Discount Codes, Promotional Credits, Free Gifts, and Referral Program

From time to time, we may offer promotional discounts, coupon or promo codes, free gifts with purchase, introductory offers, referral rewards, Promotional Credits (as defined below), or other special offers (collectively, “Promotions”). Unless we expressly state otherwise, Promotions are valid only for eligible purchases made directly on landish.ca and cannot be redeemed at retail locations, on any other Landish websites (including landish.co, fr.landish.ca, or wholesale.landish.ca), or through third-party sellers or marketplaces.

Unless expressly stated otherwise, Promotions: (a) cannot be combined with other Promotions or discounts on the same order; (b) have no cash value and may not be exchanged for cash or Gift Cards; and (c) may be modified, suspended, or discontinued at any time without prior notice, including before their advertised end date, to the fullest extent permitted by law. Promotions may be subject to additional terms and conditions, including minimum spend requirements, Product exclusions, geographic or time limitations, and limits on the number of uses per person or per household, which will be communicated in the relevant marketing materials or at checkout and are hereby incorporated into these Terms.

In the event of any inconsistency between the terms of a Promotion as communicated in our official marketing materials (including emails and on-site banners) and any information displayed in your shopping cart or order summary, the Promotion terms in the official marketing materials will govern. The appearance of a free or discounted item in your cart or order summary contrary to the Promotion terms (including due to technical issues or irregular conditions, such as free items appearing multiple times in the cart or appearing after a Promotion has ended) does not obligate us to provide such free or discounted item, and we may adjust or cancel your order accordingly or remove the ineligible benefit.

Promo codes must be entered at checkout and applied before you submit your order. We are not required to apply a code retroactively after an order is placed.

Where a Promotion includes a free or discounted item with purchase, you may be required to return the promotional item in order to receive a full refund for the associated order or item(s). If you do not return a promotional item, we may deduct from your refund an amount equal to the then-current regular (non-promotional) price of that item, as described in more detail in our Return & Refund Policy. You agree not to attempt to “game” or manipulate Promotions or free gift offers, including by placing multiple orders, creating multiple accounts, or manipulating quantities or timing in order to obtain free items in circumstances that are inconsistent with the stated terms of the Promotion.

We may from time to time grant dollar-value credits to your account as part of a Promotion, referral program, or goodwill adjustment (collectively, “Promotional Credits”). Promotional Credits are not Gift Cards, are not sold, and have no independent cash value. Promotional Credits may be subject to additional conditions, including expiry dates, minimum purchase requirements, Product or category limitations, or other restrictions communicated at the time they are granted. Promotional Credits cannot be purchased, transferred for value, or redeemed for cash, and cannot be used to purchase Gift Cards.

Promotional Credits may be automatically applied to eligible orders according to the applicable Promotion terms. If an order or part of an order that was paid in whole or in part using Promotional Credits is later refunded, we may, in our discretion and subject to applicable law and the original Promotion terms, re-credit Promotional Credits to your account or apply another remedy. Promotional Credits that have expired or been fully used may not be reissued, and we are under no obligation to provide cash refunds for Promotional Credits.

You agree not to attempt to “game” or abuse Promotions, including by placing multiple orders, creating multiple accounts, repeatedly placing and returning orders, or otherwise circumventing stated eligibility criteria, quantity or minimum spend limits, or other promotional conditions. We may, in our discretion and to the fullest extent permitted by law, cancel or refuse orders placed in violation of Promotion terms, reverse or withhold promotional benefits, and suspend or permanently ban your access to landish.ca and our other websites where we reasonably believe that you have engaged in fraudulent, abusive, or manipulative behavior.

We may offer refer-a-friend or other referral programs from time to time, including programs under which both you and your referred friend receive Promotional Credits (for example, a $10 credit for you and a $10 discount or credit for your friend) when certain conditions are met. Referral programs are subject to additional rules, which may include limits on the number or value of referral rewards, restrictions on self-referral or referral within the same household, and prohibitions on public posting or paid advertising of referral links. We reserve the right to modify, suspend, or terminate referral programs, to disqualify participants, and to cancel or reclaim rewards where we detect or reasonably suspect fraud, abuse, or violation of the program rules.

15. User Content, Reviews, and Feedback

The Site may allow you to submit reviews, ratings, comments, photos, or other content (collectively, “User Content”). You are solely responsible for your User Content and for ensuring that it complies with these Terms and all applicable laws.

You must not submit any User Content that is illegal, defamatory, obscene, hateful, harassing, threatening, invasive of privacy, infringing of intellectual property or other rights, misleading, deceptive, or otherwise objectionable. You must not submit User Content that includes personal information about other individuals without their consent, or that includes commercial solicitations or spam.

By submitting User Content through the Site or otherwise providing us with content (including by email or by tagging or mentioning our accounts or brands on social media platforms), you grant Landish a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such content in any media now known or later developed, for any lawful business purpose, including marketing, advertising, and promotional activities. You also waive, to the extent permitted by law, any moral rights or similar rights you may have in such content.

We may, but are not obligated to, monitor, edit, refuse to post, or remove User Content at our sole discretion, including content that we consider to be abusive, fraudulent, deceptive, misleading, infringing, or otherwise inconsistent with our brand values or legal obligations. However, we do not undertake to review all User Content and assume no responsibility for any content posted by you or any third party.

If you provide us with comments, suggestions, ideas, or feedback about the Site or our Products (collectively, “Feedback”), you agree that we may use such Feedback without restriction and without any obligation to compensate you, and that such Feedback will not be treated as confidential.

16. Acceptable Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree not to:

• Harass, threaten, abuse, or harm others, or engage in any conduct that is defamatory, obscene, hateful, or otherwise objectionable;

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

• Attempt to gain unauthorized access to the Site, other users’ accounts, or our systems or networks, or to circumvent, disable, or interfere with security-related features;

• Use any robot, spider, scraper, data-mining tool, or other automated means to access the Site for any purpose without our express written permission;

• Use the Site for any commercial purpose not expressly permitted by these Terms, including the advertising or sale of products or services, or the solicitation of others to join or use other commercial online services or organizations; or

• Upload or transmit any viruses, worms, malware, or other harmful code.

We reserve the right to investigate and take appropriate action (which may include account suspension or termination, cancellation of orders, or contacting law enforcement authorities) in response to any actual or suspected violation of this Section.

17. Intellectual Property

All content on the Site, including text, graphics, logos, icons, images, audio clips, video clips, software, and the selection and arrangement thereof, is owned by or licensed to Landish and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

“Landish”, “landish.ca”, the Landish logo, our product names, and other related marks and trade dress are trademarks or trade names of Landish or its affiliates. Other names or marks appearing on the Site may be trademarks of their respective owners.

You may access and use the Site and its content only for your personal, non-commercial use, including to browse Products, place orders, or learn about our offerings. You may print or download a reasonable number of pages from the Site for your personal reference, provided that you do not remove any copyright, trademark, or other proprietary notices.

Except as expressly permitted in these Terms, you may not reproduce, modify, adapt, translate, publish, distribute, transmit, display, perform, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site or its content without our prior written consent.

18. Third-Party Websites and Services

The Site may contain links to or integrations with third-party websites, services, or resources (including payment processors, analytics providers, social media platforms, or other Landish-branded or co-branded experiences hosted by third parties). These third parties are independent from Landish and have their own terms and privacy policies.

We provide such links and integrations for your convenience only and do not endorse or assume any responsibility for any third-party websites, services, content, products, or practices. You access and use third-party websites and services at your own risk and are responsible for reviewing and complying with their applicable terms and policies.

19. Disclaimers of Warranties

To the fullest extent permitted by applicable law, and except as expressly provided in these Terms or on Product packaging, we make no additional representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, with respect to the Site or the Products.

Without limiting the foregoing, and subject to the next paragraph, we disclaim all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and non-infringement, as well as all warranties arising from course of dealing, course of performance, or usage of trade, to the fullest extent permitted by law.

Nothing in these Terms is intended to exclude, restrict, or limit any rights or remedies you may have under applicable consumer protection laws that cannot be excluded, restricted, or limited by contract. In particular, if you are a consumer residing in Quebec or in another jurisdiction that provides for statutory or legal warranties (including warranties of quality, durability, and fitness for ordinary purposes), such warranties apply automatically to your purchase and are not limited by these Terms.

20. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Landish, its affiliates, or their respective directors, officers, employees, agents, representatives, or service providers be liable for any: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenues, goodwill, or data; or (c) business interruption or other commercial losses, in each case arising out of or in connection with your use of (or inability to use) the Site or any Product, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability for any and all claims arising out of or relating to the Site, the Products, or these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, will be limited to the greater of: (a) fifty Canadian dollars (CAD $50); and (b) the total amount you actually paid to us for the Product(s) giving rise to the claim.

The foregoing limitations and exclusions apply even if any remedy fails of its essential purpose, and regardless of the form of action. However, they do not apply to the extent prohibited by law. In particular, in jurisdictions that do not allow limitations of certain types of liability, we will be liable to you only to the minimum extent required by applicable law.

21. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Landish, its affiliates, and their respective directors, officers, employees, agents, representatives, licensors, and service providers from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or any other applicable policy; (b) your misuse of the Site or the Products; (c) your violation of any law or the rights of any third party; or (d) any User Content you submit or make available through the Site.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such claim without our prior written consent, unless the settlement fully and unconditionally releases Landish from all liability and does not require any admission of fault or wrongdoing on our part.

22. Suspension, Termination, and Effect of Termination

We may, at any time and without prior notice, suspend or terminate your access to the Site (including your account) or cancel any order if we reasonably believe that you have violated these Terms or applicable law, engaged in fraudulent or abusive behavior, or otherwise posed a risk to our business, our customers, or third parties. We may also suspend or discontinue the Site or any part thereof at any time.

If we suspend or terminate your account, you remain responsible for all amounts owed in connection with any orders that have already been accepted or fulfilled. Sections of these Terms that by their nature should survive termination (including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply after any termination or suspension.

23. Governing Law and Dispute Resolution

These Terms, your use of the Site, and any sale of Products through the Site are governed by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without giving effect to any choice or conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms, the Site, or the Products will be brought exclusively in the courts of the Province of Quebec, sitting in the judicial district of Montreal, and you irrevocably submit to the jurisdiction of such courts in respect of any such action or proceeding, subject to any rights you may have under applicable consumer protection laws to bring or participate in proceedings in the courts of your place of residence.

Nothing in this Section is intended to limit any rights you may have under applicable consumer protection laws regarding dispute resolution, including any rights to bring claims before administrative or quasi-judicial bodies.

24. Miscellaneous

These Terms, together with the documents incorporated by reference (including our Return & Refund Policy and Privacy Policy), constitute the entire agreement between you and Landish with respect to the subject matter herein and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications, whether oral or written.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be applied to the maximum extent permissible and the remaining provisions will continue in full force and effect.

Our failure to assert or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Landish.

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

The headings used in these Terms are for convenience only and do not affect their interpretation.

If you have any questions about these Terms or the Site, please contact us by email at hello@landish.ca, by phone at 1-888-997-3629, or by mail at Landish Foods, 5092 rue François Cusson, Montreal, QC H8T 1B3, Canada.