Terms of Service

1. Agreement to Terms

By accessing or using the Kipos website at kipos.ca (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform. These Terms constitute a legally binding agreement between you and Kipos.

"Kipos," "we," "us," and "our" refer to the operator of the Platform, based in British Columbia, Canada. "You" and "your" refer to any individual or entity that accesses or uses the Platform.

2. Description of Service

Kipos is a hyperlocal farm stand listing and discovery platform for Vancouver Island. The Platform allows farm stand owners to publish inventory listings, and allows consumers to browse, search, and receive alerts about available produce, baked goods, crafts, and other items.

2.1 What Kipos Is

• An inventory listing and discovery service
• A searchable directory of farm stands with interactive map
• A keyword alert notification system for consumers

2.2 What Kipos Is NOT

• Kipos does not process payments or facilitate financial transactions between buyers and sellers
• Kipos does not guarantee the availability, quality, safety, or legality of any listed items
• Kipos does not inspect farm stands, verify food safety compliance, or certify organic status
• Kipos is not a party to any transaction between farm stand owners and consumers

3. Account Registration

To use certain features of the Platform, you must create an account. By registering, you agree that:

• You are at least 16 years of age
• You will provide accurate and complete information during registration
• You will keep your account information current
• You are responsible for all activity that occurs under your account
• You will keep your password confidential and notify us immediately of any unauthorized access
• You will not create accounts for others without their permission

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or are used for fraudulent purposes.

4. Subscription Plans and Billing

4.1 Available Plans

All prices are in Canadian dollars (CAD) and include applicable taxes.

4.2 Billing and Payment

• Payments are processed by Helcim (Calgary, AB), a Canadian payment processor
• Subscriptions renew automatically at the end of each billing period
• You authorize us to charge your payment method on file for recurring subscription fees
• We will provide at least 30 days' notice before any price increases

4.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account dashboard
• Cancellation takes effect at the end of the current billing period — you retain access until then
• No partial refunds are provided for unused portions of a billing period
• Annual subscriptions may be refunded on a prorated basis within the first 30 days

4.4 Free Trials

If we offer a free trial period, you will not be charged during the trial. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. We will send a reminder email before charging your payment method.

5. Farm Stand Owner Responsibilities

If you register as a farm stand owner, you agree that:

• All listing information you provide (items, prices, availability, descriptions, photos) is accurate and current
• You will update or remove listings promptly when items are no longer available
• You comply with all applicable food safety regulations, including the BC Food Safety Act and local health authority requirements
• You hold any required permits, licenses, or certifications for the products you sell
• You are solely responsible for the quality, safety, and legality of your products
• You will not list prohibited items (see Section 7)
• Photos you upload are yours or you have permission to use them

6. Consumer Responsibilities

If you use Kipos as a consumer, you understand and agree that:

• Kipos provides listing information only — we do not guarantee product availability, quality, or safety
• All transactions (including Interac e-Transfer payments, cash payments) are directly between you and the farm stand owner
• You are responsible for verifying product information and exercising reasonable judgment when purchasing
• Kipos is not liable for any disputes between you and farm stand owners
• You should consult relevant health authorities if you have concerns about food safety

7. Prohibited Content and Conduct

You may not use the Platform to:

• List or promote any illegal products or services
• List products that require licences you do not hold (e.g., cannabis, alcohol, firearms)
• Post false, misleading, or deceptive listing information
• Impersonate another person or misrepresent your affiliation with a farm stand
• Collect personal information of other users without their consent
• Send spam or unsolicited messages through the Platform
• Attempt to access other users' accounts or restricted areas of the Platform
• Upload malicious code, viruses, or harmful content
• Scrape, harvest, or automatically collect data from the Platform
• Use the Platform for any purpose that violates applicable law

We reserve the right to remove content and suspend or terminate accounts that violate these rules, at our sole discretion.

8. CASL Compliance (Email Communications)

Kipos complies with Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23). By creating an account and opting in to email communications, you provide express consent to receive the following types of commercial electronic messages from Kipos:

8.1 Messages You Consent To

• Keyword alert notifications: Emails triggered when items matching your saved keywords are listed on the Platform (e.g., "Fresh strawberries are now available at Sunny Acres Farm")
• Weekly digest: A summary of new items and stand updates in your area ("What's Fresh This Week")
• Platform updates: Announcements about new features, improvements, or changes to the Platform
• Promotional offers: Special offers, founding member benefits, or seasonal promotions

8.2 Your Consent Rights

• Consent is provided via an unchecked opt-in checkbox during account registration — we never pre-check consent boxes
• You may withdraw consent at any time by clicking the unsubscribe link in any email, updating your email preferences in your account dashboard, or contacting us at support@kipos.ca
• Unsubscribe requests are processed within 10 business days as required by CASL
• Withdrawing consent from commercial messages does not affect transactional emails (account confirmations, billing receipts, security alerts)

8.3 Sender Identification

Every commercial email from Kipos includes:

• The name "Kipos" and identification that the message is from kipos.ca
• Our mailing address: Kipos, Campbell River, BC, Canada
• A working unsubscribe mechanism (link or reply instruction)
• Contact information: support@kipos.ca

8.4 Consent Records

As required by CASL, we maintain records of your consent including: the date and time consent was provided, the method of consent (website checkbox), the purposes for which consent was given, and any subsequent changes to your consent status. These records are retained for a minimum of 3 years after consent is withdrawn.

9. Intellectual Property

9.1 Kipos Content

The Platform, including its design, code, features, branding, and documentation, is owned by Kipos and protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from our content without our written permission.

9.2 Your Content

You retain ownership of all content you submit to the Platform (photos, descriptions, listings). By submitting content, you grant Kipos a non-exclusive, worldwide, royalty-free licence to display, reproduce, and distribute your content solely for the purpose of operating and promoting the Platform. This licence ends when you remove your content or close your account.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Food Safety Disclaimer

Kipos is not a food safety authority. We do not inspect, certify, or guarantee the safety or quality of any products listed on the Platform. Farm stand owners are solely responsible for compliance with all applicable food safety regulations. Consumers should exercise their own judgment and due diligence when purchasing food products. If you have concerns about food safety at a particular farm stand, please contact your local health authority.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, Kipos shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Platform
• Any transaction or interaction between you and a farm stand owner or consumer
• Inaccurate, incomplete, or outdated listing information
• Unauthorized access to or alteration of your data
• Any third-party conduct on the Platform

Our total liability for any claims arising under these Terms shall not exceed the total amount you paid to Kipos in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Kipos and its operators from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

12. Dispute Resolution

These Terms are governed by the laws of British Columbia, Canada. Any disputes arising under these Terms shall be resolved through the following process:

• Step 1 — Informal resolution: Contact us at support@kipos.ca to attempt to resolve the dispute informally within 30 days
• Step 2 — Mediation: If informal resolution fails, either party may initiate mediation through the BC Civil Resolution Tribunal or a mutually agreed mediator
• Step 3 — Court: If mediation fails, disputes shall be submitted to the courts of British Columbia

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. The most current version will always be available at kipos.ca/terms. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

14. Termination

Either you or Kipos may terminate this agreement at any time. You may close your account through your account settings or by contacting us. We may terminate or suspend your account if you violate these Terms. Upon termination:

• Your right to access the Platform ceases immediately
• Your farm stand listings (if any) will be removed
• We will handle your personal information in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will continue to apply (e.g., limitation of liability, indemnification)

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kipos.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms. Kipos may assign its rights in connection with a merger, acquisition, or sale of assets.

16. Contact Us

For questions about these Terms of Service:

• Email: support@kipos.ca
• Mail: Kipos, Campbell River, BC, Canada