Penokean Hills Farms Inc.
Terms of Use

PENOKEAN HILLS FARMS OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.PHFARMS.CA. THESE TERMS OF USE APPLY TO ALL USERS OF THIS WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE.

BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE, IT’S CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY PENOKEAN HILLS FARMS INC. FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.

IN ORDER TO USE THE WEBSITE AND SERVICES, YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE WEBSITE OR SERVICES.

  1. The Service. Penokean Hills Farms provides an online distribution and delivery service to sell our meat and other products which allows subscribers to select the cuts and frequency of order as they wish. All prices include the cost of shipping unless otherwise indicated.
  2. Registration. In order to register for an account and start using our services, you must be at least eighteen (18) years old and have a valid credit card or PayPal account. User’s will be required to submit your name, credit card information, address, phone number and email address. Any personal information that you submit during the registration process will be treated in accordance with the terms of our Privacy Policy. When you register you will be required to select a password. You are responsible for all activity occurring on your account, and accordingly, you should make sure to choose a strong password, which you should keep secure and not share with any other person.
  3. Deliveries. We may deliver products for hyper-local orders; all other orders shall be shipped using a carrier. When your signature is not required for a delivery, the products will be left at your delivery address even if You are not present to receive the products. We cannot guarantee the delivery of any items that do not require a signature, and we expressly disclaim any liability or responsibility for any loss or claim if you do not receive such products, including, but not limited to the cost of procuring substitute goods. When Your signature is required for a delivery and you are not home to receive the products, the products are returned to the distribution centre. It is your sole responsibility to ensure that you retrieve your products from the distribution centre. The products are vacuum packed and shipped in containers that will keep the products frozen for a period of no more than twenty four (24) hours from the shipping date (and approximately twelve (12) hours after the products first go out for delivery). Exceptions may apply depending on the type of product being shipped. In no circumstances shall Penokean Hills Farms Inc. be held liable for any problems, claims, losses, injuries, illness or other damage to the products arising from your failure to retrieve them from the distribution centre and/or ensure they are refrigerated or frozen in the necessary amount of time after any attempted or actual delivery.
  4. Promotions. Penokean Hills Farms Inc. may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the services or the purchase of specially marked products. Additional terms of a promotion may be displayed or otherwise transmitted therewith and otherwise governed accordingly. Unless otherwise stated in the Promotion terms, Promotions are limited to one Promotion offer redemption per person and are not applicable to “one-off boxes”, “bulk orders”, or “starter sized subscription boxes”. Penokean Hills Farms Inc. may vary or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change will take effect immediately, unless stated otherwise. From time to time, a Promotion may consist of a promotion for free product(s) upon subscribing to the Services the opening or renewing a Subscription. If you enroll in a Subscription (or renewal) to redeem the Promotion, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of the Promotion period.
  5. User Conduct. In using the Services, you agree that you will provide true, correct and accurate information when registering and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations at all time during when using the Services and during any other dealings with Penokean Hills Farms Inc.
  6. Restrictions on Use of the Services. Penokean Hills Farms Inc. reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

Penokean Hills Farms Inc. reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time.

7. Payments. All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to your credit card on the day of Your purchase, or on Your chosen billing date, or on the day that the products ship.

8. No returns. We cannot accept returns of any products delivered to you, and accordingly, it is not PHF’s policy to provide refunds if you are dissatisfied with the products you receive.

9. Subscription Termination. If you wish to terminate your Subscription you may do so at anytime, however, if you wish to cancel your Subscription before your next shipment, you must notify us of your intention to terminate your Subscription no less than two days (48 hours)’ in advance of the scheduled billing date. If you cancel your Subscription less than two days (48) hours’ in advance of your next shipment, your order for that shipment period will still ship (and you will be fully liable for payment) and thereafter your Subscription shall terminate, and you will not receive any further shipments.

10. Term. This agreement commences on the date it is entered into by you and shall continue until terminated by one of the parties in accordance with these Terms of Use.

11. Penokean Hills Farms Inc. may employ the use of analytical tools and third-party service to track and monitor website activity, and these tools may collect information sent by Your browser as part of a web page request such as cookies, IP address, and geographical location.

12. Products Disclaimer. Penokean Hills Farms Inc. provides a distribution and delivery service for the products sold on the Website. All our products are purchased from third party suppliers and we do not produce any of the products that are available for purchase on the Website and Services. Accordingly, while we vet our third party suppliers according to certain criteria, we do not control the preparation of the products by our third party suppliers and do not inspect or test the products we sell on the Website and Services. We make no representations or warranties about the fitness or quality of the products received by you. We strongly encourage you to use common sense and judgment before consuming any of our products and to exercise care in preparing the products for consumption.

13. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” PENOKEAN HILLS FARMS INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FFOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. PENOKEAN HILLS FARMS INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PENOKEAN HILLS FARMS INC. SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. PENOKEAN HILLS FARMS INC. WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PENOKEAN HILLS FARMS INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, (VI) ANY DAMAGE THAT OCCURS TO THE GOODS WHILE THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO A CARRIER, (VII) ANY PRODUCT LIABILITY CLAIMS ARISING IN CONNECTION WITH THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO THE PRODUCTS’ FITNESS FOR CONSUMPTION. THESE LIMITATIONS SHALL APPLY EVEN IF PENOKEAN HILLS FARMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PENOKEAN HILLS FARMS INC.’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PENOKEAN HILLS FARMS INC. IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

15. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD PENOKEAN HILLS FARMS INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

16. Termination. PENOKEAN HILLS FARMS INC. may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Penokean Hills Farms Inc. (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Penokean Hills Farms Inc.), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Penokean Hills Farms Inc. in its sole discretion and that Penokean Hills Farms Inc. shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Penokean Hills Farms Inc. shall be in addition to any and all other rights and remedies that Penokean Hills Farms Inc. may have.

17. Availability & Updates. Penokean Hills Farms Inc. may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Penokean Hills Farms Inc. may periodically add or update the information and materials on this Website without notice.

18. Security: Information sent or received over the Internet is generally unsecure and Penokean Hills Farms Inc. cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Penokean Hills Farms Inc. will not be liable for any loss or damage arising from your failure to comply with these requirements.

19. Contact: If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Penokean Hills Farms Inc. Website or Service, please contact us at: [email protected]