Terms of service

Overview

This website is operated by Mim Market. Throughout the site, the terms “we”, “us” and “our” refer to Mim Market. Mim Market offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

1- Intellectual property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Mim Market or its content suppliers and is protected by Canadian and international intellectual property laws. Unauthorized use or reproduction of any content is prohibited.

Mim Market grants to you as a user of the Services permission to lawfully access and use the services available on the website and to download, archive and print in hard copy, portions of the website for personal use only, provided that you do not modify the materials and that you retain all proprietary notices contained in the materials on such downloaded, archived or printed materials. Users are strictly prohibited from selling any downloaded, archived or printed portions of the website viewed.

Mim Market permission to you terminates automatically, without any need of notification of such termination, if you breach any of these Terms of Use.

2- Trademarks

The domain name, the logos, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress owned by Mim Market In addition, there are numerous other trademarks, product names, company names, logo service marks, and/or trade dress indicated on the websites that are the property of their respective owners and are displayed by Mim Market under license therefrom. You are prohibited from using any trademarked materials without the express prior written permission of Mim Market and/or the licensor.

3- Registration and website membership program

When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website, and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. Mim Market. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.

Members of the Mim Market website can benefit from exclusive discounts and offers. Membership is subject to approval, and Mim Market reserves the right to terminate any membership at its discretion. Members must comply with the terms of the membership program to retain their benefits.

4- Placing an order

All payments must be made through the methods specified on mimmarket.com. We use secure Shopify payment processors to handle transactions. By providing your payment information, you agree to the terms of the payment processor and authorize us to charge the specified amount.

By completing the checkout and submitting an order through our website, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or another permitted payment method. In order to complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged.

We reserve the right to change the permitted methods of payment at any time. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Once your order is submitted online, it will be placed in the queue in priority sequence. Once your order is submitted, it cannot be changed you cannot add or delete items.

We reserve the right to limit the quantity of any product sold and to refuse service to any customer. All orders are subject to acceptance and availability. Mim Market may, in its sole discretion, accept or reject any order placed on a Transactional Site. All offerings on Transactional Sites are invitations to purchase and not offers to sell. Any online confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order, which will be delivered subsequently via email to the email associated with your order or by telephone to the telephone number associated (“Contacted”)

Subject to applicable laws, (a) purchase of products on the Transactional Sites is subject to availability. If product(s) are not available, Mim Market will have no obligation to fulfill an order for them and you will have no obligation to pay Mim Market for them; and (b) Mim Market reserves the right to change the products, prices and descriptions advertised or displayed through any Transactional Site, at any time without notice or liability to you.

5- Limitation of liability

By accessing any of the Services, you acknowledge, accept and agree that in no event shall Mim Market be liable for any damages, including without limitation any and all direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, howsoever caused and under any theory of liability arising out of or in connection with (1) the use of the site or the inability to use this site by any party; (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; and/or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if Mim Market its employees or representatives thereof, are advised of the possibility or likelihood of such damages, losses or expenses. This limitation applies to the fullest extent permitted by law.

6- Indemnification

By using mimmarket.com, you agree to indemnify, defend, and hold harmless Mim Market, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the website, violation of these Terms of Service, or infringement of any intellectual property or other rights of any third party.

This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the mimmarket.com website. You agree to cooperate fully with Mim Market in the defense of any such claim and to reimburse Mim Market for any expenses incurred as a result of your actions.

7- Disclaimer of warranties and limitation of liabilities

Mim Market operates as an online supermarket, providing a platform for customers to purchase products that are manufactured and supplied by third-party companies. Mim Market does not produce or manufacture any of the products sold on this website. As such, we make no warranties or representations, express or implied, regarding the quality, safety, efficacy, or health benefits of any products available on mimmarket.com.

All products are sold "as is" and "as available," without any guarantees or warranties from Mim market, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Mim Market disclaims all liability for any direct, indirect, incidental, consequential, or special damages arising from the use or inability to use the products purchased through our platform, including any claims related to product defects, health issues, or adverse effects.

Mim Market’s liability is limited to the maximum extent permitted by law. In no event shall Mim Market, its directors, officers, employees, agents, or affiliates be liable for any damages exceeding the amount paid by you for the product in question.

As well, Mim Market does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, Mim Market does not warrant, guarantee or make any representations that access to the website will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the websites is at your sole and entire risk.

Without limiting the generality of the foregoing, Mim Market disclaims any and all warranties and conditions - express or otherwise - for, nor shall Mim Market be held responsible for the quality of, any merchandise displayed on the website.

8- Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

9-Changes

Mim Market reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the website. Your continued use of the website constitutes your acceptance of the revised terms.

10- Our rights regarding orders

Without limiting the generality of these terms s conditions, we reserve the right to limit or refuse any order you place with us through the Website. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these terms s conditions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address. Not all products available in-store may be available online.

11- SMS marketing terms of service

By consenting to Mim Market’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.

Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.

You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.

You agree that any messages you send to a telephone number or short code we have changed, including any STOP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

12- Email and electronic messages

From time to time, we may send you e flyers and other promotional emails or electronic messages. You can unsubscribe from these promotional emails through the unsubscribe mechanism contained in any message. We may also send you transactional and operational messages regarding your account(s).

13- Governing low

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

14- Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15- General terms

Mim Market reserves the right to correct any inaccuracies or typographical errors in the information posted on the website and shall have no liability for such errors. Information may be changed or updated without notice and prices and availability of goods and services are subject to change without notice.

In the event that any provision(s) contained within these Terms of Use is/are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, and these Terms of Use shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had not been included in these Terms of Use.

Mim Market's failure to insist upon or enforce strict performance of any term(s) or provision(s)