BITES by Tre Stelle Terms & Conditions
Effective Date: February 8, 2024
Welcome to the website bitesbytrestelle.com and related mobile application (collectively, the “Application”). This Application is operated by Arla Foods Canada (“we”, “our”, “us” or “Arla”).
Any person who wants to use the Application (referred to herein as “you” or “your”) must accept these terms and conditions of use (“Terms of Use”). Please read them carefully. By using and accessing this Application, you accept, without limitation, all of the Terms of Use, and all related policies of the Application, including the Privacy Policy (as defined below), as indicated in these Terms of Use. If you do not agree with all of these Terms of Use, you must not access or use the Application.
By accessing the Application, you acknowledge that you have seen, reviewed and understand the Application's privacy policy ("Privacy Policy") governing the collection, use, storage and disclosure of your Personal Information, as may be amended from time to time. You agree to be bound by the Privacy Policy while you are using the Application.
Changes to these Terms of Use
We reserve the right to change any of these Terms of Use at any time and in our sole discretion. Any changes will be effective upon posting of a new or modified version of these Terms of Use on the Application. In some cases, we may also decide to send you a notice in other ways at our discretion, such as via email or other contact information you have provided, that the Terms of Use have changed. Your use of the Application will be subject to the then current version of these Terms of Use or any other policy or guideline posted or referenced on the Application at the time of such use. Your continued use of the Application following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms of Use, please immediately discontinue use of the Application.
1. Purpose of the Application
The purpose of this Application is a) to provide you with general information, news and updates about our products and services and b) to offer a platform for user engagement and conversation about these topics.
This Application is intended for use by residents of Canada who are over the age of majority in their province of residence. This Application is not targeted towards, nor intended for use by, anyone under the age of majority in their jurisdiction of residence. If you are under the age of majority, you may only use the Application under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If we learn that anyone under the age of majority in their jurisdiction of residence is using the Application without verification of parental consent, we reserve the right to refuse their access to the Application, and to terminate or suspend their access at any time.
Use of the Application, Registration and Passwords
When you first log in on the Application, you will be asked to fill in your profile on the Application as part of your registration. You acknowledge and agree to provide us with accurate and complete information. It is your responsibility to inform us of any changes to that information by logging to the Application and modifying your profile information. If we believe the information that you provide is not correct, current or complete, or for any other reasonable purposes, we have the right to refuse you access to the Application, and to terminate or suspend your access at any time.
During registration, you will be asked to provide personal information (as defined in our Privacy Policy). All personal information will be processed in accordance with the Privacy Policy.
You agree that your username and password to access the Application are confidential and you undertake to preserve their confidentiality at all times. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. You agree not to sell, transfer or assign your account, and you will be responsible for any use that is made of your username and password by any person.
3. Ownership of materials, Copyright and Trademark Notice
All materials used or displayed on the Application, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (“Application Content”), are owned or used under license by Arla or third party material that Arla has been authorised to display as Application Content and are protected by copyright, trade-mark or other applicable laws. You are hereby authorized to display on your computer or device, download, use and make printed copies of the Application Content solely for your own non-commercial use, provided that you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not copy or use the Application Content in any other manner or for any purpose. In particular, you may not (i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Application Content or underlying ownership rights or copyrights without Arla’s prior written consent; or (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. In the event that you wish to use the Application Content for purposes other than personal use, or to modify the Application Content, please contact us by sending an e-mail to marketing_canada@arlafoods.com or the third party owner of the relevant Application Content. Arla is not responsible for the content or accuracy of any Application Content that is owned by third parties.
Brands appearing on this Application and related logos are trademarks used under license by Arla or identifying services provided or products distributed or merchandised by Arla (the “Trademarks”). The Application may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). Your use of the Application should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent or Arla or the owner of the Third Party Marks. Use of any such property, except as expressly authorized by Arla or the owner of the Third Party Marks, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may not frame or utilize framing techniques to enclose any Application Content, Trademarks, and Third Party Marks or other proprietary information belonging to us or our third party licensors without written consent from Arla or our third party licensors (as applicable). You may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without the express written consent of Arla or the owner of the Third Party Marks.
You have no right, title or interest in or to the Application Content, Trademarks or Third Party Marks, and all rights not expressly granted are reserved by Arla.
4. Lawful Use of Application
You agree that you shall use the Application for lawful purposes only. The Application may contain comment boxes, forums, chat areas and/or other message or communication facilities designed to allow you to communicate with other users of the Application. You agree only to post and send messages and content that are proper and related to the relevant area of the Application.
Without limiting the generality of the foregoing, you will not use the Application, or allow others to use the Application, to:
i. download, e-mail, post, make available, provide access to, or otherwise transmit any material that is unlawful or criminal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate or may be considered to violate any applicable local, provincial, federal or international law;
ii. e-mail, post, make available, provide access to, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
iii. upload, e-mail, post, make available, provide access to, or otherwise transmit on the Application any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
iv. interfere with or disrupt the Application or servers or networks connected to the Application, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Application or disobeying any requirements, procedures, policies or regulations of networks connected to the Application;
v. use the Application for any public or commercial purposes, including the solicitation of funds, without Arla’s prior written permission;
vi. modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, mirror, scrape, data-mine, attempt to extract the source code of or otherwise deconstruct any portion of the Application or Application Content;
vii. collect or store personal data about other users;
vii. disseminate false, inaccurate or misleading information;
viii. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass or alarm any other person; or
- give the impression that they originate from Arla or are endorsed by Arla or any other person or entity, if that is not the case.
Arla reserves the right to monitor use of the Application to determine compliance with these Terms of Use, as well as the right to remove or refuse any information which violates these Terms of Use. Arla also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You are responsible for violations of these Terms of Use by anyone using the Application with your permission or using your account. Your use of the Application to assist another person in an activity that would violate these Terms of Use if performed by you is a violation of these Terms of Use.
The Application is only intended for use by persons located in Canada. The Application is not intended for use in any other jurisdiction, nor where its use is prohibited. If you access the Application from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction(s).
5. User-Created Content
You may engage with other users, and post content and comments about relevant topics to the Application (“User-Created Content”). None of the User-Created Content uploaded using your account will be subject to any confidentiality by Arla.
By uploading any User-Created Content using your account, you hereby understand and grant Arla, its affiliates, licensed operators, and all successors and assignees (collectively the “Releasees”), a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use the User-Created Content, including your name, account profile photo and/or likeness as such name, photo and/or likeness may appear in various places on the Application. Arla will not use your User-Created Content outside of the license granted herein and in accordance with applicable laws, without your written permission. In the event that Arla administers a contest using User-Created Content, such contest will be operated under separate contest terms and any prizes awarded for participation in such contest shall be subject to those specific contest terms.
You confirm that Arla’s use of User-Created Content provided by you shall not violate or infringe any rights of any third party or otherwise be unlawful or inappropriate. In addition, you represent and warrant that all User-Created Content will comply with applicable laws and regulations and these Terms of Use. You hereby release the Releasees from any and all claims and demands arising out of or in connection with your use of the Application or User-Created Content, including, without limitation, any and all claims for invasion of privacy, infringement, copyright, defamation (including libel and slander), false light and any other personal and/or property rights. You acknowledge and agree that Releasees use and dispose of User-Created Content in accordance with these Terms of Use in their sole discretion.
- Modifications to the Application
Arla reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Application and to restrict or prohibit access to it, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Application at any time without notice but confirm that we have no obligation to do so.
7. Hyperlinks
This Application contains hyperlinks to websites operated by parties other than Arla. If you choose to access any of these third-party websites, you do so at your own risk. We have no control over the contents of such third-party websites. We recommend you read the applicable terms of use and privacy statement applicable to your use of such third-party website before disclosing any personal information.
You acknowledge and agree that we are not responsible for the availability of any external websites or the content provided on external websites and no endorsement of or affiliation with any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Application. Your access and use of such third party websites, including any information, material, products and services therein, is solely at your own risk.
8. Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APPLICATION, THE APPLICATION CONTENT AND THE THIRD PARTY CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, FIT FOR ANY PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
FOR GREATER CERTAINTY: (I) WE DO NOT MAKE ANY; (II) WE DISCLAIM ALL; AND (III) THERE ARE NO; REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE APPLICATION, ANY APPLICATION CONTENT OR ANY THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE APPLICATION.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, APPLICATION CONTENT AND THIRD PARTY CONTENT, IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARLA OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.
UNDER NO CIRCUMSTANCES WILL ARLA BE LIABLE IN ANY WAY TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY OR IN CONNECTION WITH APPLICATION CONTENT OR THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN SUCH APPLICATION CONTENT OR THIRD PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY APPLICATION CONTENT OR THIRD PARTY CONTENT DOWNLOADED, E-MAILED OR OTHERWISE TRANSMITTED TO YOU VIA THE APPLICATION.
YOU HEREBY AGREE TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY WHATSOEVER OR ARISING FROM YOUR USE OF THE APPLICATION, INCLUDING ANY E-MAIL TO THE APPLICATION, AND YOU AGREE THAT IF YOU ARE UNHAPPY WITH ANY OF THE SERVICES PROVIDED THROUGH THE APPLICATION, THEN YOUR SOLE REMEDY IS TO CEASE USING THEM.
YOU HEREBY AGREE THAT ARLA DOES NOT GUARANTEE THAT PRODUCTS DISPLAYED ON THE SITE ARE AVAILABLE AT TIME OF ORDERING AND THAT THERE IS NO GUARANTEED LEVEL OF SERVICE OR PERFORMANCE ASSOCIATED WITH THE APPLICATION. - Limitation of Liability
IN NO EVENT SHALL ARLA, OR ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, CLAIMS, LOSSES, EXPENSES, DEBTS OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, PERSONAL INJURY, DAMAGE TO PROPERTY, DAMAGES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, THIRD-PARTY PRODUCTS OR SERVICES, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER RESULTING FROM FAULTS, OMISSIONS OR NEGLIGENCE OF CONTRACTUAL OR STATUTORY NATURE OR OF ANY OTHER NATURE WHATSOEVER, RESULTING FROM: (I) YOUR ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE APPLICATION, THE APPLICATION CONTENT OR THE THIRD PARTY CONTENT OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM THE APPLICATION OR ANY INFORMATION OR YOUR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY LINKED WEBSITE; (II) ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE APPLICATION, THE APPLICATION CONTENT OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE APPLICATION, THE APPLICATION CONTENT OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THE APPLICATION, THE APPLICATION CONTENT OR THE THIRD PARTY CONTENT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER RESULTING FROM ANY MISREPRESENTATION, TORT OR CONTRACT LAW OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY APPLICATION CONTENT OR THIRD PARTY CONTENT DOWNLOADED FROM THE APPLICATION.
10. Indemnity and Discharge
You are responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by Arla; (b) any and all activities that occur at the time of your registration or creation of your account; and (c) any and all actions and omissions by you or using your account.
You agree to indemnify and hold harmless the Releasees from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from your use of the Application, the Application Content or the Third Party Content or your violation of these Terms of Use. You will assist and co-operate as reasonably required by the foregoing parties in the defense of any such claim or demand.
11. Governing Law
These Terms of Use will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute or legal proceedings arising directly or indirectly from these Terms of Use shall be instituted exclusively before a competent court of law located in the legal district of Toronto, Province of Ontario, Canada, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of all such disputes.
12. Communicating with you
Our methods of communicating with you about your account and your use of the Application will be by email. By using the Application, you agree that all communications related to your use of the Application and any other related information may be provided to you electronically and, unless we choose otherwise, electronically only. Electronic communications with you will comply with Canada’s Anti-Spam Legislation. - Entire Agreement
These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Application, including the Privacy Policy. These Terms of Use, as they may be amended from time to time, constitute the entire agreement between you and Arla relating to the use of the Application and supersede any prior understandings or agreements (whether oral or written), claims, representations, warranties, and understandings of the parties regarding the use of the Application and these Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on the Application. By using the Application after the date on which any modifications enter into effect, you agree to the latest version of these terms.
14. Assignment
You may not assign or otherwise transfer your rights, duties or obligations hereunder. You acknowledge that Arla has the right to assign this Agreement to a party who agrees to assume the responsibilities under these terms upon notice to you.
15. Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
16. No Waiver
Arla will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Arla. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Any failure by us to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
17. Termination
These Terms of Use are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. We may refuse to grant you access to the Application if you fail to comply with any of our Terms of Use. We also reserve the right to terminate or suspend your use of the Application or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or your permission to use this Application are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of this Application and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.
Should you wish to terminate your account and that we cease communicating with you regarding the Application, please notify us by e-mail at marketing_canada@arlafoods.com.
18. Rights
All rights not expressly granted herein are reserved.
19. Contact
If you require assistance with accessing any part of the Application, please contact us at marketing_canada@arlafoods.com.
Questions, comments or any violations reports should be sent by e-mail to: marketing_canada@arlafoods.com.
