Terms and conditions

ELIGIBILITY

By using the Website, you represent and warrant that: a) you are at least 18 years old, b) you have full power and authority to enter into these Terms of Use and you are not in breach of any other agreement you entered into with a third party by accepting these Terms of Use.

ACCESS AND USE OF THE SITE

Nälkä grants you limited, non-exclusive access to use the Site and download the content of the Site solely for your personal, non-commercial use and provided that you do not delete or alter any copyright or other proprietary notices. Any other reproduction, use, distribution, transmission or modification of the content of the site, including but not limited to the collection or use of product descriptions or prices, use of data or exploitation tools of similar data or reuse of any content on the site must be done with the prior written consent of Nälkä Nutrition inc..

You agree not to use the Site in any manner that could (a) affect the Site's resources or the availability of the Site to others; (b) could compromise the integrity of the system or its security (c) violate any local, provincial, national or international law, or (d) remove or modify any content on the site.

We may, without notice, modify the Service, stop providing the Service or certain features of the Service (to you only or to all users), or we may limit the use of the Service. We may permanently or temporarily terminate or suspend your access to the Service, without notice or liability to Nälkä, for any or no reason, including if, in our sole discretion, you fail to comply with any provision of this Agreement. In the event of any termination of this Agreement or interruption of your access to the Service, for any reason or for no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive upon termination, including, without limitation, the provisions of statute of limitations, warranty disclaimers, indemnity, and limitations of liability.

You may be required to create an account on nalkanutrition.ca in order to access additional features provided within the Service that we may make available from time to time and in our sole discretion. By creating an account, you agree to (i) provide accurate, current and complete information, (ii) maintain and promptly update your account information, (iii) keep your password secure and 'accept all risks of unauthorized access to your account and the information you provide to us, (iv) notify us immediately if you discover any breach of security or unauthorized use of your account and (v) never use another user's account without permission. Nälkä will not be liable for any losses caused by unauthorized use of your account.

TRADEMARKS AND COPYRIGHTS

You may not use our trademarks (including the Nälkä logo) or copyrights (including any content on this site), or represent yourself as an affiliate of Nälkä, without prior permission.

LINKS AND THIRD-PARTY CONTENT

This site may contain links to other websites operated by third parties. These links are provided for your convenience and to make it easier for you to view the information they contain. We have not necessarily reviewed all of the information that these other sites contain and we are not responsible for the content of other sites, or the products and services that may be offered on other sites. The inclusion of links to other sites should not be considered an endorsement of the content of the linked sites.

SECURITY

Nälkä cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for illegitimate purposes. You acknowledge that you provide your personal information at your own risk.

TERMS OF SALE

The Services could potentially be offered in the form of a subscription (the “Subscription”). In such case, when you purchase a Subscription, you agree as follows: (1) Nälkä (or a third-party payment processing service authorized by us) is authorized to charge your credit card for the amount of your Subscription, and we are authorized to charge this amount until your Subscription is canceled, (2) if you wish to skip a week or cancel your Subscription, you must notify us on Tuesday before 11:59 p.m. if your delivery is scheduled for Thursday, Friday or the following Saturday, otherwise you will receive the Service as scheduled, (3) the amount we charge your credit card each week may change if you change your choice of products, take advantage of a Special Offer or the application of Credits, or changes are made to applicable taxes or other fees, (4) you will receive promotional information about the Service.

All prices are presented in Canadian dollars (applicable taxes extra).

We are not obligated to complete any transaction for which payment is not accepted by our payment processing service, due to insufficient funds on your credit card or for any other reason. Otherwise, you will receive an error message and the operation will be refused. Additionally, we may suspend your Nälkä account and contact you to obtain information for another valid credit card. Such suspension does not relieve you of your obligation to pay us any fees you owe us.

Please check your Nälkä account for more information on the prices and features of our different packages. You acknowledge that you are bound by the terms and conditions of the package you have chosen.

PAYMENT AND BILLING INFORMATION

All information that you provide in connection with a purchase or transaction or other monetary transaction interactions with the Service must be accurate, complete and current. You agree to pay all fees incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interactions with the service at the price in effect at the time these charges are incurred. You will pay applicable taxes, if any, relating to such purchases, transactions or other monetary transaction interactions.

If the payment method cannot be verified, is invalid or otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to process your order. In case you wish to change or update the payment information associated with your Nälkä account, you can do so at any time by logging into your account and editing your payment information.

DELIVERIES

At this time, we do not ship our products to all regions of Canada. If you don't see your area in our current delivery zones or when you enter your postal code in the space provided, sign up for our newsletter to be notified when we start delivering to your area.

Nälkä generally uses third parties to ship its products; therefore, all purchases of Products are governed by a shipping contract which provides that title and risk of loss with respect to such Products pass to you when the Products are delivered to you. Once the Products have been delivered, their condition and consumption are at your own risk, and you are solely responsible for storing and consuming the Products properly and safely. Nälkä is not responsible for any actions or omissions on the part of such third parties and/or its agents, and is not responsible for any delay or loss of any kind that arises when a order is in the hands or under the control of a third party.

Shipping dates and times are estimates, and actual shipping dates and times could change due to weather and other factors, some of which are beyond our control. In the event of events beyond our control that adversely affect our ability to deliver the Products to you on your scheduled delivery date, we will attempt to deliver your Products to you the following day. If we are still unable to deliver your Products to you on the day following your originally scheduled delivery date, we will issue you a Credit for the purchase price of the order in question. However, we will not credit you with the purchase price of the order if we are unable to deliver the Products to your confirmed address at the scheduled time for reasons that are within your control.

The Products are deemed delivered when the third party courier service arrives at the destination and transfers possession of the Products to you in accordance with the delivery instructions you have specified in your Nälkä account. We assume that anyone present at the address specified in the delivery instructions is authorized to receive the order on your behalf. If no one is present at the address specified in your delivery instructions, we will leave the package unattended at the address or location you specify. It is your responsibility to provide us with clear and complete delivery instructions.

It is your responsibility to inspect all Products you receive from us upon delivery for damage or other problems. You are solely responsible for determining the freshness of the Products you receive. If a Product is not fresh at the time of delivery, please notify us and we will handle this situation in accordance with our returns policy.

You assume responsibility for your Products from the moment the courier transfers possession of the Products to you in accordance with the delivery instructions provided in your Nälkä account. You are responsible for any Product damage arising from any event (including the passage of time) that occurs after delivery of the Products. Please consider the season and temperatures in your area at the time of delivery and plan your deliveries and food storage accordingly.

GENERAL TERMS AND CONDITIONS

The conditions of use are governed and interpreted by the laws of the province of Quebec, Canada, and by the laws of Canada applicable there. The parties submit to and irrevocably recognize the jurisdiction of the courts of the district of Montreal, province of Quebec.

These Terms of Use constitute the entire and exclusive agreement between Nälkä and you regarding the use of the Website, and these Terms of Use supersede and replace any prior agreements between Nälkä and you regarding the Website.

You may not assign or otherwise transfer these Terms of Use or any of your rights or obligations hereunder to any third party without our prior written consent, which is in our sole discretion. No assignment or delegation by you relieves you of any of your obligations under these Terms of Use. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties, their respective successors and assigns. Nälkä is authorized to assign these Terms of Use to any third party without requiring your consent.

Nothing in these Terms of Use constitutes a partnership or joint venture between you and the Company.

If any particular provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, that provision shall be deemed severed from these Terms of Use and shall not affect the validity of these Terms of Use as a whole.

The Parties have expressly requested that these Terms of Use be drawn up in English and that all modifications can be made in this language.

COMMENT POLICY

We encourage you to share your thoughts on our website, on our Facebook pages and in other online community spaces. Your contribution is welcome, but we expect it to be generally courteous. To this end, we reserve the right to remove content that:

• Contains obscene, indecent or profane language;
• Contains threats or defamatory statements;
• Contains hate speech;
• promote or endorse services or products. (Note that non-commercial links that are relevant to the topic or other comment are acceptable);
• Do not submit material protected by copyright or other proprietary rights in any form unless you clearly indicate that you have permission to do so. By posting your comments or other content, you grant Nälkä irrevocable permission to copy, distribute, create derivative works or display such content free of charge.

We reserve the right to change these policies at any time and will notify users of any significant changes to our policies by posting a notice on our website or by contacting you. It is your responsibility to become aware of the modifications and your continued use of the Services or access to this website after the modifications are posted constitutes your acceptance of the modified policies.

Questions about these conditions or the site?
Please contact us at info@nalkanutrition.ca.