TERMS OF USE
THE NAKA APP
Welcome!
Naka Healthy Foods Inc. dba Naka Healthy Foods (“Naka”, “we”, “us”, “our(s)” provides conveniently located, affordable, delicious food through this online App-based platform based at the address https://www.nakahealthyfoods.ca/ and through the Naka App (the “App”).
Through the App, registered users (“Client(s)”, “you”, “your(s)”) may purchase locally-sourced fresh food held in conveniently located, fully refrigerated, automatic stores that are stocked and maintained by us (the “Store(s)”).
The following terms and conditions of use of the App (“Terms”) constitute a legal agreement and are entered into by and between you and Naka when you register as a Client.
BY USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APP.
Registration for the App
To become a Client, you must first download the App onto your mobile device.
Through the App, you will register by creating an Account (“Account”) with your own password.
Naka has the right to restrict anyone from completing registration as a Client if such person may threaten the safety and integrity of the App, or if such restriction is necessary to address any other reasonable business concern.
By creating an Account with Naka, you are granted a right to use the App provided by Naka subject to the restrictions set forth in these Terms and any other restrictions stipulated to you by us in writing.
You must use your true and accurate name when signing up for an Account, but once you become a Client you may select an appropriate and non-offensive account name
(“Account ID”). We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive, confusing or potentially violates the rights of a third party.
You must also provide an up-to-date and valid payment method such as credit card or automatic debit. The App has integrated with the Stripe network to process your payments. By authorizing payment when requested, you authorize Naka and its payment processors to charge and process charges for all purchases of food products you make from Stores.
Our registration process will ask you for information including your name and other personal information (“Registration Data”).
In registering for an Account, you agree to provide true, accurate, current and complete Registration Data as prompted by the App’s registration process and as requested from time to time by Naka.
You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the App, or otherwise advise us promptly in writing of any changes or updates to your Registration Data.
You further consent and authorize us to verify your Registration Data as required for your use of and access to the App.
Your Account
We reserve the right to suspend or terminate the Account of any Client who provides inaccurate, untrue, or incomplete Registration Data or other information, or who fails to comply with the Account registration requirements.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Naka for accessing the App.
You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you.
Naka has no control over the use of any Client’s Account and expressly disclaims any liability derived therefrom.
Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to notify Naka immediately.
The Naka Purchase Process
Naka maintains and stocks Stores in selected locations. Stores are stocked with fresh prepackaged foods regularly.
Using the App on your smartphone, you may access a Store near you by simply walking up to the door and scanning the QR code on the door.
For Clients, the App will unlock the door to the Store remotely for you. The door will only remain unlocked for a set period of time before it locks once again.
Once the Store door is unlocked, Naka grants you a limited license to enter the Store for the sole and limited purpose of shopping for food products. Any other use or purpose for entering the Store door is prohibited, and Naka grants no permission to enter a Store except for the purpose of shopping for food items, and only for the time needed to shop for food items. There shall be no loitering in Stores.
Notwithstanding the foregoing, Naka reserves the right at any time to expel or have removed any person, including any Client, from a Store, for any reason whatsoever.
Once inside the Store, you simply collect the food items you wish to buy, and leave the
Store. The smart technologies in the Store will track the items you purchase.
Ensure that the door to the Store closes and locks completely when you are done shopping. Your Account will be billed for all food removed from the Store from the time you unlock its door to the time you close the door and lock it after leaving.
When you leave the Store and have closed and locked the door, the App will bill your Account for the fresh food through your payment method. Where applicable the App will also collect GST/HST.
The App will record all purchases and Store visits on your Account for convenient viewing later.
In the event that your payment method comes back NSF or declined, Naka will record the amount owing and suspend your Account immediately. Naka will not consider any application to reinstate an Account until all amounts owing on it are first paid in full.
There are no refunds for any purchases from Stores. All sales are final from the time you close the Store door and securely lock it.
Payment Terms
Naka reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for
Stripe to do so.
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms.
While Naka takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Naka is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
Your Obligations as a Client
Ensure that your smartphone or other mobile device has a camera and QR code functionality.
You agree to maintain your Account solely for your own use.
You agree that you will not allow another person to use your Account to access or use the App or any Stores under any circumstances.
You must exercise caution when accessing your Account in a public setting so that others are not able to view or record your password or other personal information.
You are solely and entirely responsible for maintaining the confidentiality of your Account ID and password, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so.
You are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the App.
We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use the App using your Account.
You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
Do not cause any damage to any food items in Stores, nor to any Store fixtures or parts, including the Store door. Naka will seek compensation from any persons who cause damage to any food items in Stores or to Stores themselves, and will hold you personally liable for any damage that occurs during your visit.
The Stores are to be used by one Client at a time. Do not under any circumstances bring any other persons into the Store with you, even if they are also Clients.
Do not bring any food products or other objects or material into the Store with you.
Do not use the space inside the Store for any purposes other than shopping for food.
Do not linger, loiter or otherwise stay inside the Store after you have completed your purchases. The limited license to enter a Store granted above expires when you are done shopping, or at any such other time that Naka determines, in its absolute discretion.
Ensure that the door to the Store closes and locks completely when you are done shopping. You are responsible for any losses incurred by Naka as a result of your failure to properly close and secure a Store after you are finished using it.
Prohibited Uses of the App
You are prohibited from attempting to circumvent and from violating the security of the App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting Naka’s ability to monitor the App; (f) using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the App.
Naka is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any Client that are deceptive, fraudulent or otherwise invalid as determined in Naka’s sole discretion (“Fraudulent Actions”).
Naka reserves the right, in its sole discretion, to terminate the account of any Client that engages in, or enables any other Client to engage in, Fraudulent Actions.
By using the App, you hereby release Naka from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Naka of any Fraudulent Actions which may affect the App.
Termination of Accounts
You may terminate your Account at any time by ceasing all use of the App and deactivating your Account.
We may terminate your Account at any time for any reason or for no reason.
Any termination of these Terms does not relieve you of any obligations to pay any fees accrued prior to the termination and any other amounts owed by you to us as provided in these Terms.
All parts of these Terms which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the App.
If your Account is terminated or suspended for any reason or no reason, you agree:
- to continue to be bound by these Terms,
- to immediately stop using the App,
- that any licenses granted to you under these Terms shall end,
- that we reserve the right (but have no obligation) to hide or delete all of your information and Account data stored on our servers, and
- that Naka shall not be liable to you or any third party for termination or suspension of access to the App or for deletion or hiding of your information or Account data.
You agree that Naka may retain and use your information and Account data as needed to comply with investigations and applicable law.
Links to/from Third Parties
The App web page may contain links to our Qualified Partners (defined below) and other third parties so that you can find out more about where we source the food for our Stores.
We make no representations about any other websites that may be accessed from this App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may link to our App homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our App must not be framed on any other site, nor may you create a link to any part of our App other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Privacy and Data Storage
By submitting your personal information and using our App, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the App and provision of services.
As outlined in our Privacy Policy, you specifically acknowledge and consent to our storing of your personal information in servers offshore including in the European Union.
Disclaimer of Warranties
Naka has no special relationship or fiduciary duty to you.
Naka does its best to choose only the most reliable and professional approved suppliers of fresh food to our Stores (“Qualified Partner(s)”). We provide links to our Qualified Partners on our home page.
However, Naka makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of the food products offered or provided by our Qualified Partners or other service providers whether in public, private, or offline interactions or about the accreditation, registration or license of any Qualified Partner.
Your use of the App is at your sole risk. The App is provided on an “as is” and “as available” basis. Naka and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Specifically, Naka makes no warranty that (i) the App will meet your requirements or expectations, (ii) that your access to or use of the App will be uninterrupted, timely, secure or error free, (iii) that any defects in the App will be corrected, or (iv) that the App or any server through which you access the App is free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the App is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
It is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the App. You understand that in using the App, sensitive information will travel through third-party infrastructure that is not under Naka’s control (such as third-party servers). Naka makes no warranty with respect to the security of such third-party infrastructure.
No advice or information, whether oral or written, obtained by you from Naka or through or from the App shall create any warranty not expressly stated in these Terms.
Limited Liability
You must personally evaluate all food products you select in our Stores before deciding whether to purchase them. You must inspect all food products, especially all perishables, very closely for signs of deterioration or spoliation. Without limiting the generality of the following, we shall have no liability whatsoever for any injury, illness, damage or loss arising from or claimed to arise from any food product purchased from one of our Stores.
Except where such exclusions are prohibited by law, to the fullest extent permitted by law, in no event shall Naka or its affiliates, officers, employees, agents, partners and licensors be liable to you for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for bodily injury or emotional distress and damages for loss of profits, goodwill, use, data or other intangible losses (even if Naka has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use any Store; (ii) the use of or inability to use the App; (iii) any food products purchased through the App; (iv) any interactions between users (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or any dispute with any user; (v) statements or conduct of any third party on the App; (vi) any unauthorized access to or alteration of the App or your data or transmissions; or (vii) any other matter relating to the App not provided for above.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
The maximum liability of Naka, its affiliates and its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers to you for any and all damages shall not exceed the amount paid by you, if any, for accessing our App. You acknowledge and agree that the limitations on liability in these Terms are a fundamental element of the Terms and access to the website would not be provided to you absent such limitations. If you reside in a jurisdiction where limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
Confidential Information of Ours
The term “Confidential Information” shall mean Company Property (defined below) and any and all of Naka’s trade secrets, confidential and proprietary information, and all other information and data of Naka that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other confidential information relating to Naka or Naka’s business, operations or properties, including information about Naka’s staff, Clients or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
You acknowledge that Confidential Information is a valuable, special and unique asset of Naka and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the App in accordance with these Terms. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Naka in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Naka promptly upon deactivation of your Client account or termination of these Terms for any reason whatsoever.
Intellectual Property Rights
You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Naka, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights (“Company
Property”).
The Naka name, Company trademark, Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Naka or its affiliates or licensors. You must not use such marks without the prior written permission of Naka. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, 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 only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, copy, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, in any form or medium whatsoever except:
- your smartphone, and browser may temporarily store or cache copies of materials being accessed and viewed;
- one single user copy may be downloaded to your device with any proprietary notices intact, for your own personal, non-commercial use; and
- in the event social media platforms are linked to certain content on our App, you may take such actions as our App and such third-party social media platforms permit.
Clients are not permitted to modify copies of any materials from the App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this App. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
If you print off, copy or download any part of our App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by Naka. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Amendments to these Terms
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this App, and the App, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.
Contacting Us
We welcome your feedback. All comments, requests for technical support, and other communications relating to the App should be directed to:
Naka Healthy Foods Inc. cob as Naka Healthy Foods
4030 8 St SE
Calgary, Alberta T2G 3A7 support@nakahealthyfoods.ca
Governing Law
The App and these Terms will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this App and under these Terms will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
These Terms, our Privacy Policy, and our End User License Agreement constitute the sole and entire agreement between you and us regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.