Welcome to Bake Good

Bake Good is committed to ensuring that your privacy is protected and that we comply with all applicable data protection rules (including applicable marketing and cookies laws, together with associated guidance) (the “Data Protection Laws“). 

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This policy explains how we collect, use, store and disclose the personal information we collect about you, how you can exercise your rights in respect of that personal information and the procedures that we have in place to safeguard your privacy. This policy supplements any other fair processing or privacy notice that may be provided to you from time to time. Please contact us by email at ACHConsumeraffairs@achfood.com if you have any questions, comments or concerns about this policy or how we handle your personal information, or if such information changes at any time.

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This website (the “Website“) is run by ACH Food Companies, Inc., One Parkview Plaza Suite 500, Oakbrook Terrace, IL 60181 (“ACH“, “we” and “us“). By using our Website, or any service or product (including any mobile application or other digital platform) that links to this policy, you consent to the collection, use and disclosure of your personal information in accordance with this policy.

When we refer to “processing” in this policy, we mean any activity concerning your personal information, including collecting, using, disclosing, deleting and anonymising. 

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Please note: this policy does not cover third party websites that we may link to from our Website, unless specifically mentioned in this policy. We are not responsible for the privacy policies and practices (including use of cookies) of such third parties even if you accessed the third party website using links from our Website. We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.

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Any changes to this policy in the future will be posted on this page and, where appropriate, notified to you by email. We will also post a notice on the Website landing page and on appropriate pages on the Website. Please check back frequently to see any updates or changes to this policy.

The personal information we collect and how we use it

Under the Data Protection Laws, we are required to explain what personal information we collect from you and how and why we use your personal information (the “processing activity”). This is summarised in the table below.

How do we use your information?

What information is collected?

Where is the information collected from?

How long do we keep the information for?

To notify you about changes to our terms or this policy.

Name, email address and user account details.

Directly from you via our Website or when you otherwise correspond with us.

We keep information relating to the management of your account for as long as your account or profile continues to be active.

To ask you to leave a review or take a survey.

Name, email address, postal address and user account details.

Directly from you via our Website or when you otherwise correspond with us.

Any information collected for market research purposes is not held in a form that will identify you for longer than 6 months following collection.

To send you newsletters, marketing emails, and messages via SMS, WhatsApp and social media platforms.

Name, phone number, email address, gender, age, transaction history, and any information we collect about your use of our Website or social media accounts. 

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Unique personal identifiers (device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device). Please see Marketing and Promotional Materials below for further information.

Directly from you via our Website, where you otherwise contact us, or via third party social media platforms.

We keep information for direct marketing purposes for as long as you continue to be interested in receiving our marketing communications, i.e., until you opt-out.

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Please refer to our Cookies Policy for further information regarding the use and duration of the cookies used.

To deliver relevant website content and advertisements to you, and measure the effectiveness of the advertising we serve to you.

Name, phone number, email address, gender, age, transaction history, social media account name, and any information we collect about your use of our Website or social media accounts.

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Unique personal identifiers (device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device). Please see Marketing and Promotional Materials below for further information.

Directly from you via our Website, where you otherwise contact us, or via third party social media platforms.

We keep information for direct marketing purposes for as long as you continue to be interested in receiving our marketing communications, i.e., until you opt-out.

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Please refer to our Cookies Policy for further information regarding the use and duration of the cookies used.

To use data analytics to improve our Website, products, marketing, customer relationships and experiences. 

Information about your use of our Website, including:  duration, frequency and time; pages you have visited, search terms, and use of our check-out process.

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Technical data, including: internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website. 

Unique personal identifiers (device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device).

Directly from you when you visit our Website.

We delete browsing data every 14 months.

Please refer to our Cookies Policy for further information regarding the use and duration of the cookies used.

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To help maintain the security of our Website, including troubleshooting, data analysis, testing, system maintenance, and support.

Technical data, including: internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website.

Directly from you when you visit our Website.

We delete browsing data every 14 months.

To respond to your queries or comments via the “contact us” form on our Website or when you otherwise correspond with us.

Name, email address, and any other information you supply to us when contacting with us.

Directly from you via our Website or when you otherwise contact us.

We maintain a record of routine queries for 6 months. However, we may need to keep your information for up to 6 years (or longer, if required by applicable laws) where your query relates to a contract between us, or where we need to obtain legal advice.

To administer our competitions, prize draws, or promotions which you may enter.

Name, email address, postal address.

Directly from you when you enter a competition, prize draw or promotion.

Personal data we hold in connection with the management of competitions, prize draws, and promotions is held for 6 years (or longer, if required by applicable laws).

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Any information we use for publicity may be held and used for longer (for example where published on our Website).

Please see Competitions, Prize-draws, and Promotions below for further information.

Cookies

Some of the information identified in the table above, is collected by us through the use of cookies or similar technology when you visit our Website, or other websites or social media sites where we have included a cookie. In some cases, we will need your consent in order to place such cookies on your device. More information on the specific types of cookies we collect, our lawful basis and how to manage them can be found in our Cookies Policy.

Marketing and Promotional Materials

We may use your information to provide you with marketing and promotional materials (as stated above). In such instances, we will use your information to deliver promotional information that you have requested, or that we feel may interest you (unless you have previously told us that you do not wish to receive marketing communications from us).

The personalisation of advertisements displayed on social media platforms may be based on information you have provided directly to us (for example when browsing our Website or purchasing our products) or based on other information attributed to you via cookies, including cookies set by third parties. 

You may opt-out of receiving marketing and promotional materials from us at any time by emailing us at ACHConsumeraffairs@achfood.com, or by using the ‘unsubscribe’ link in the marketing or promotional email. You may also update your preferences to receive marketing or promotional materials by visiting our Website.

Please see below, Sharing your Personal Information, for further information regarding the third parties we share your information with for marketing and advertising purposes.

Competition, Prize-draws and Promotions

We may use and disclose your personal information in connection with competitions, prize draws and promotions (as stated above) you may enter from time to time. Please refer to the relevant terms and conditions of such competition, prize draw or promotion for further information.

Unless you ask us not to, we may (subject to the laws applicable in your country of residence) make your surname and county of residence available: (a) on request to anyone who sends us a self-addressed envelope within 10 weeks of the closing date of the competition; and (b) to any relevant regulator if they ask us. We do this because it is necessary for the purpose of our legitimate interests in complying with the laws, regulatory codes and guidelines in force from time to time.

You have the right to object to our publication of your information. To do so, please contact us as soon as possible, and within a week of receiving your winner’s notification should wish you wish to object.

If we haven’t heard from you within a week, and we are asked to publish your information, we will do so. If you object later, we may have already published your information.

Where we are asked to disclose your information to a relevant regulator, and you object before we have done so, we will consider your reasons for objecting and aim to comply with your request (where we are able to do so). However, please note that we may still be required by law or regulation to disclose your information, if for example, we are required to demonstrate that a valid award took place.

Should you win one, we may also write to you to request your agreement to reasonable publicity and the use of your initial, surname, county of residence and any photograph provided by you as part of that publicity on our Website and any of our social media accounts. We may also write to request your agreement to the creation of further materials based on competition entries which will be hosted on our Website. We use your information in this way on the basis of your consent. You can withdraw your consent at any time after you’ve agreed but please bear in mind that, due to the nature of social media, once your information has been made publicly available for promotional purposes, it will be public and potentially copied or otherwise further distributed beyond our control.

Security

We have in place appropriate policies, rules and technical and organisational measures to protect your personal information from unauthorised or unlawful processing, and against accidental loss, destruction or damage.

We also have procedures in place to deal with any data security breach. We will notify you and any applicable regulator of a data security breach where we are legally required to do so.

However, the internet and email are not secure. Your communications may route through a number of countries before being delivered, may be intercepted by third parties and may not always reach the intended recipient – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any such unauthorised access or loss of personal information that is beyond our control.

You are responsible for protecting your username and password and must not share it with, or disclose it, to anyone.

Sharing your personal information

We will only disclose your personal information to: 

  • companies within our group for internal business purposes such as management, accounting and marketing;
  • other third-party suppliers, including business partners and sub-contractors for business administration, support, processing, services, or IT purposes;
  • analytics or search engines, that enable us to optimise and improve your experience of our Website; 
  • third-party suppliers for marketing and advertising purposes (including (but not limited to) those as set out below), and agents who (on our behalf) tailor our marketing communications and offer you products we believe you would be interested in;
  • our regulators, law enforcement or fraud prevention agencies, as well as our legal advisers, courts, the police and any other authorised bodies, for the purposes of investigating any actual or suspected criminal activity or other regulatory or legal matters; 

To the extent authorised by applicable laws, we will disclose your personal information to third parties:

  • in the event that we consider selling or buying any business or assets, merging with another business, financing our business, granting a charge over our assets or leasing or licensing our assets,  we may disclose your personal information to any prospective sellers or buyers of such business or assets;
  • in the event we are the subject of any insolvency situation (e.g., the administration or liquidation);
  • if we, or substantially all of our assets, are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets; 
  • in order to enforce or apply our terms and conditions; 
  • to protect our rights, property, or safety, or that of our staff, our customers, or others. This includes exchanging information with other companies and organisations (including without limitation HMRC, the local police or other local law enforcement agencies) for the purposes of staff and customer safety, crime prevention, fraud protection and credit risk reduction; and
  • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation or regulatory requirements, or otherwise for the prevention or detection of fraud or crime.

We share your name, phone number, email address, gender, age, social media account name, and any information we collect about your use of our Website or social media accounts with the parties set out below for the purpose of providing you with marketing and promotional materials:

Advertising and social media platforms, including:

(together our Ad Partners). 

Once we have shared your personal information with our Ad Partners, they are responsible for ensuring your personal information is used and disclosed only in accordance with Data Protection Laws. Please ensure you review their privacy policies (as set out above) carefully for further information. We will, however, take reasonable steps in the circumstances to ensure our Ad Partners afford a similar degree of protection to your personal information.

The parties to which we may disclose your personal information (as summarised in this section) may be located in countries outside of Canada, including the United Kingdom and countries within the European Economic Area.

International transfers of your personal information

We may transfer personal information to countries other than the country in which the data was originally collected (for example, outside Canada) in order to provide you with our products. These countries may not have the same data protection laws as the country in which you initially provided the information and may not provide the same level of protection. Your personal information may be subject to the laws of such foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of such foreign jurisdiction.

If we transfer personal information to countries outside of your usual place of residence, we will ensure (in accordance with applicable laws) an adequate degree of protection is afforded to your personal information in accordance with applicable data protection laws. 

Personal data collected via cookies set by our Ad Partners may be transferred by those Ad Partners outside of your usual country of residence Please refer to the relevant third-party privacy policy for further information.

Your rights

Depending on the jurisdiction in which you reside, you may have certain privacy rights regarding the personal information we hold about you, including:

Right

Description

Of access

A right to access the personal information we hold about you and obtain a copy of this in a portable and, to the extent technically feasible, readily usable format.

To rectification

A right to require us to rectify any inaccurate personal information we hold about you.

To withdraw

A right to withdraw your consent, where we are relying on it to use your personal information (for example, to provide you with brochures and newsletters). 

We welcome your views about our Website and this policy. If you would like to contact us with any queries or comments, request further information or exercise any of your available rights set out above, please email us at: ACHConsumeraffairs@achfood.com, write to us at: ACH Food Companies, Inc., One Parkview Plaza Suite 500, Oakbrook Terrace, IL 60181, Attn: Legal Department. 

If you would like this notice in another format (for example audio, large print, braille) please contact us using the details above.

We encourage you to contact us if you have any queries, comments, complaints or concerns about the way we handle your personal information. We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.  We request that you cooperate with us during this process and provide us with any relevant information that we may need. 

Last updated: [08/15/2024]

ACH FOOD COMPANIES, INC.

PRIVACY POLICY

One Parkview Plaza, 5th Floor
Oakbrook Terrace, IL, 60181
ACHConsumeraffairs@achfood.com

Terms of Use Page: 

Terms of Use

Welcome to the Bake Good website by ACH Food Companies, Inc. This website is a service of ACH Food Companies, Inc., together with its subsidiaries, affiliates, agents and licensors (collectively “ACH Food”). ACH Food may also be referred to in this Terms of Use as “we,” “us,” or “our.” The following terms apply to your use of and access to this ACH Food website (“Website”), as well as any electronic transmission sent, received, posted, accessed, or stored on the Website. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

Coverage of this Policy and Agreement

These terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

By accessing or using our Website, you agree to these terms and policies (collectively the “Policy and Agreement”), as we may modify them from time to time. If you do not accept and agree to comply with this Policy and Agreement, do not access or use our Website. If you are under the age of majority in your province/territory of residence, your parent/legal guardian must agree to the terms of this Policy and Agreement on your behalf. This Website is only intended for Canadian residents who are thirteen (13) years of age or older.

User Conduct

You may access and use our Website only for lawful purposes and consistent with our policies. Transmitting, distributing, or storing any material that violates any applicable law or our policies is prohibited.

Bake Good Community (Bakers Unite):

Certain features of this Website may permit you to upload, post or otherwise transmit content that you have created or comment on the Website or other Community member’s content, including without limitation, your username, as part of the Bake Good Community (“User Content”).

a. You agree that you shall not use the Website to upload, post, or otherwise transmit through, or to, the Website any User Content that:

i. may, in the sole and absolute discretion of ACH Food, disparage, degrade, tarnish or deprecate ACH Food and/or the public image or standing in the community of ACH Food;

ii. is deemed, in the sole and absolute discretion of ACH Food, unlawful, libelous (including trade libelous), defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

iii. is deemed, in the sole and absolute discretion of ACH Food, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of ACH Food; any identifiable third party products, trade-marks, brands and/or logos, other than those of ACH Food; conduct or other activities in violation of this Policy and Agreement; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by ACH Food in its sole and absolute discretion;

iv. violates or encourages conduct that would be considered a violation of any local, provincial or federal law, either civil or criminal; offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); impersonating another user, person or entity, including any official or employee of ACH Food;

v. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;

vi. infringes or might infringe the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos, or give rise to any claims for payment whatsoever;

vii. contains any viruses, trojan horses, time bombs, zombies, worms, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or information;

viii. contains (in any format or media) any music, logos, trade-marks or copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

b. You shall not use the Website to:

i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website or any other ACH Food website;

ii. collect information about others without their consent; and/or

iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

You agree that you shall not engage in prohibited or unauthorized use of the Website, including, but not limited to, misuse of passwords, or misuse of any information on the Website.

Certain portions of the Bake Good Community may be password-protected and may require you to complete a registration process in order to obtain access or participate. When registering for the Bake Good Community, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Bake Good Community, or any portion thereof.

You are responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of your username and password; and (c) all activities that occur under such username and password. It is your responsibility to keep your username and password confidential and secure. If your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at ACHConsumeraffairs@achfood.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.

User Submissions

Any communication or material you transmit to ACH Food through this Website, including, without limitation through User Content or by electronic mail or otherwise, including any data, recipes, questions, comments, ideas, suggestions, photos or the like (collectively a “Submission”) is, and will be treated as, non-confidential and non-proprietary. By providing a Submission, you: (i) grant to ACH Food a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all of the Submissions (in any format or media) that you provide; and (ii) waive all moral rights in and to all Submissions that you provide in favour of ACH Food. This means that, among other things, ACH Food has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, ACH Food is free to use any ideas, concepts, know-how, techniques or other information contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. ACH Food will not compensate you in any way for any such information, nor will the information be returned to you.

Without limiting the generality of the foregoing, you hereby grant to each user of the Bake Good Community a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you provide through the Bake Good Community via any share functionality that may be available on the Bake Good Community.

User waiver and representation (RE:User Content)

By using the Bake Good Community and/or providing User Content and/or providing a Submissions, you acknowledge, agree, warrant and represent to ACH Food that any and all User Content/Submissions (in any format or media) you post on, upload to or otherwise submit to ACH Food or through the Bake Good Community:

a. is original to you and that you have obtained all necessary rights in and to the User Content/Submission and all of its components to post, upload, or otherwise submit it as described above; and

b. does not violate any law.

Without limiting the generality of the foregoing, you also acknowledge and agree that we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content.

DISCLAIMER AND LIMITATION OF LIABILITY IN RESPECT OF USER CONTENT

COMMENTS OR OPINIONS EXPRESSED THROUGH THE BAKE GOOD COMMUNITY ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE BAKE GOOD COMMUNITY AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF ACH FOOD. ACH FOOD IS NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE BAKE GOOD COMMUNITY.

Copyright and Trademarks

The materials available through this Website are the property of ACH Food or its licensors, and are protected by copyright, trademark and other intellectual property laws. The trademarks and service marks that appear on this Website are the exclusive property of ACH Food or its licensors and no use or other rights are granted with respect to these trademarks without the express, written approval of ACH Food. Additionally, logos, trademarks and service marks of third parties may also appear on this Website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with ACH Food about a company product or service; or (4) for placing an order with ACH Food. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of ACH Food, with the express exclusion of any share functionality that may be made available as part of the Bake Good Community.

Linking to the website and content

To ensure that information regarding ACH Food products and services is communicated accurately to the public, please adhere to the following linking guidelines: You may not hyperlink to our Website or use any trademark, logo or other proprietary graphic appearing on this Website or that is owned by or licensed to ACH Food to link to the Website (or for any other purpose) without our prior written approval; ACH Food does not approve of any deep linking; ACH Food does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and ACH Food does not approve of remote or hot linking.

Health Related Information

Information accessible on this Website is for information only and any health-related information that may be posted is not intended to be a substitute for professional medical advice. ACH Food does not endorse or warrant the validity of any such health-related statements found on this Website or in any in third party sites referenced in the Website. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

Links to Third-Party Sites

The Website may contain links to other websites that are maintained by third parties over which ACH Food has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. ACH Food makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. ACH Food does not sponsor or endorse the operators of the sites or the content, products or services they provide, and ACH Food is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

Website Security and Integrity

You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. ACH Food may, but is not obligated to, investigate any violation of our Website. ACH Food may cooperate with law enforcement where criminal or unauthorized activity is suspected. Examples of Website security violations include, without limitation:

Hacking: Unauthorized access to or use of our Website, data, or systems, including any attempt to probe, scan or test for vulnerability or to breach security or authentication measures without our express prior authorization;

Interception: Unauthorized monitoring of data or traffic on our Website or systems without our express prior authorization;

Intentional Interference: Interference with the ability of anyone else to use our Website;

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ACH FOOD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. FURTHERMORE, ACH FOOD DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. ACH FOOD DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF ACH FOOD IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ACH FOOD, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THIS WEBSITE, INCLUDING THE BAKE GOOD COMMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ACH FOOD WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS WEBSITE OR $100.00. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF ACH FOOD IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.

Indemnification

You agree to indemnify, defend and hold harmless ACH Food from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable legal fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website, including through the Bake Good Community; (5) your use of our Website, including the Bake Good Community; or (6) any of your acts or omissions.

Governing Law

This Policy and Agreement is governed by and must be construed under the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. By offering this Website and its contents, no solicitation is made by ACH Food to any person or entity to access and/or use this Website and its contents in jurisdictions where the provision of such Website and/or its contents is/are prohibited by law. If you elect to access, browse and/or use this Website and its contents from outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws.

Modification and Termination

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on this Website. You agree to the Policy and Agreement, including any modifications, by accessing or using our Website. We may also terminate your access to this Website or the Bake Good Community at any time and for any reason, with or without notice.

Privacy Policy

ACH Food respects the privacy of visitors to our Website. Please take a few minutes to review our Privacy Policy.

Miscellaneous

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. ACH Food may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

Questions and Comments

We invite you to send in your questions or comments about our site, bring to our attention any material you believe to be inaccurate, or report any violations of this Policy. Please send your comments, including a copy of any material you wish to discuss, to ACHConsumeraffairs@achfood.com

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