The Goods

Terms of Use

Effective date: · Last updated: · Version 2.0

1. About these Terms

These Terms of Use (the "Terms") form a binding agreement between you and RealEasy Technologies Inc., a corporation incorporated under the laws of Alberta, carrying on business as The Goods ("The Goods", "we", "us" or "our"), and govern your access to and use of the website at thegoods.ca and its subdomains (the "Site") and our email newsletter.

By accessing or using the Site, subscribing to the newsletter, or submitting content, you agree to these Terms. If you do not agree, do not use the Site.

Our Privacy Policy at thegoods.ca/privacy-policy is incorporated into these Terms by reference and describes how we handle personal information.

Please read Section 14 (Disclaimers) and Section 15 (Limitation of liability), which limit our liability to you, and Section 11, which contains important information about recipes and food safety.

2. Definitions

  • "Content" means all material made available on or through the Site, including text, recipes, articles, photographs, illustrations, video, audio, graphics, layouts, logos, compilations and software.
  • "User Content" means anything you submit, post or transmit to us or through the Site, including comments, ratings, questions, photographs, recipe feedback and messages.
  • "Consumer legislation" means the Consumer Protection Act (Alberta), the Sale of Goods Act (Alberta), the Competition Act (Canada) and any comparable legislation of the jurisdiction in which you reside, to the extent it applies to you and cannot be waived by agreement.

3. Eligibility and capacity

You must be at least 16 years of age to subscribe to the newsletter or submit User Content. If you are between 16 and the age of majority in your jurisdiction, you may use the Site only with the involvement of a parent or guardian, who accepts responsibility for your compliance with these Terms. By using the Site you represent that you have the legal capacity to enter into these Terms and, if you are acting for an organization, that you are authorized to bind it.

4. Changes to these Terms and to the Site

We may amend these Terms from time to time. We will post the amended Terms on this page and update the "Last updated" date. Where an amendment materially reduces your rights or increases your obligations, it takes effect 30 days after we post it, and we will make reasonable efforts to draw attention to it on the Site, including by notice to newsletter subscribers where appropriate. Other amendments take effect when posted. Your continued use of the Site after an amendment takes effect constitutes acceptance of it; if you do not accept an amendment, your remedy is to stop using the Site.

We may modify, suspend or discontinue the Site or any part of it at any time, without liability.

5. Licence to use the Site

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access the Site and to view, download and print Content for your own personal, non-commercial use. All other rights are reserved.

6. Prohibited uses

You must not, and must not permit any other person to:

  1. use the Site for any unlawful purpose, or in breach of any applicable law or regulation;
  2. copy, reproduce, republish, distribute, publicly display, perform, transmit, sell, licence, or create derivative works from the Content, except as expressly permitted in Section 8;
  3. remove, obscure or alter any copyright, trademark or other proprietary notice;
  4. use any robot, spider, scraper, crawler, headless browser or other automated means to access, monitor or copy the Site or Content, other than a public search engine crawler complying with our robots.txt file;
  5. use, or permit the use of, the Content for the purpose of training, fine-tuning, evaluating, grounding or otherwise developing any machine learning model, artificial intelligence system, large language model or dataset (see Section 7.3);
  6. circumvent, disable or interfere with any security, access control, rate limiting or usage restriction;
  7. introduce any virus, worm, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionate load on our infrastructure;
  8. attempt to gain unauthorized access to the Site, any account, or any system or network connected to the Site;
  9. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  10. collect or harvest personal information of other users, or use the Site to send unsolicited commercial communications; or
  11. use the Site in any way that interferes with any other person’s use and enjoyment of it, or that damages or is likely to damage our reputation.

We may investigate any suspected breach of this Section and may suspend or terminate your access, remove User Content, and report conduct to law enforcement.

7. Our intellectual property

7.1 Ownership

The Site and all Content are owned by us or our licensors and are protected by the Copyright Act (Canada), the Trademarks Act (Canada), and corresponding laws in other jurisdictions. Nothing in these Terms transfers to you any right, title or interest in the Site or the Content.

"The Goods" and our logo are trademarks of RealEasy Technologies Inc. You may not use them without our prior written consent, except to identify us fairly and accurately in a link or attribution as permitted by Section 8.

7.2 Recipes

Copyright does not protect a bare list of ingredients, but it does protect the expression surrounding a recipe — our headnotes, method text, tips, explanations, photographs, videos and the selection and arrangement of the whole. On that basis:

You may:

  • prepare our recipes for yourself, your household, your friends and your community;
  • prepare our recipes for sale in the ordinary course of a food business, provided you do not reproduce our written recipe text or images and do not represent the recipe as endorsed by us;
  • link to any page on the Site;
  • share a link on social media, including saving a recipe image to Pinterest using the sharing tools we provide, provided the pin links to the original page on the Site;
  • quote a short excerpt of our written material for the purpose of criticism, review, news reporting, education, parody or satire, with attribution to The Goods and a link to the source page, as permitted by the fair dealing provisions of the Copyright Act; and
  • rewrite the method in your own words and publish it with clear attribution and a link back to the original recipe on the Site.

You may not:

  • republish the full text of a recipe, in whole or in substantial part, on any website, blog, application, newsletter, social platform, print publication or cookbook;
  • copy our photographs, videos or illustrations, or use them to accompany your own or a third party’s recipe;
  • present our recipe, or a trivially modified version of it, as your own original work;
  • aggregate our recipes into a recipe index, app, database or feed; or
  • use our recipes or Content in any commercial publication or product without our prior written consent.

To request permission, email info@thegoods.ca.

7.3 Reservation against text and data mining and AI training

We expressly reserve all rights in the Content in respect of text and data mining, web scraping, and the training or development of artificial intelligence and machine learning systems. This reservation is made, without limitation, for the purposes of Article 4(3) of Directive (EU) 2019/790 and any corresponding provision in any other jurisdiction. Access to the Site for any such purpose is not permitted, and use of the Content for any such purpose requires our prior written licence. Our robots.txt file and any machine-readable rights reservation we publish form part of this reservation, and a failure to publish such a file does not waive it.

8. Attribution

Where these Terms require attribution, it must identify The Goods by name and include a functioning hyperlink to the specific page on the Site from which the material was taken, positioned so that a reader of ordinary attention would see it.

9. User Content

9.1 Your licence to us

You retain ownership of your User Content. By submitting User Content, you grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, transferable and sublicensable licence to host, store, reproduce, modify, adapt, translate, excerpt, publish, publicly display, publicly perform, distribute and otherwise use your User Content, in whole or in part, in any medium now known or later developed, in connection with the Site, our marketing and our business.

You waive, in our favour and in favour of our licensees, successors and assigns, all moral rights in your User Content to the fullest extent permitted by section 14.1 of the Copyright Act (Canada) and any comparable law, including rights of integrity and rights of attribution. This waiver does not prevent us from crediting you, and we will normally publish the display name you provide.

9.2 Your representations

You represent and warrant that, for each item of User Content you submit:

  1. you own it or have all rights necessary to grant the licence in Section 9.1;
  2. it does not infringe or misappropriate any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right or other right of any person;
  3. it is not defamatory, obscene, hateful, harassing, threatening, discriminatory, or otherwise unlawful;
  4. it does not contain personal information about another individual that you are not authorized to disclose;
  5. it does not contain malware, spam, advertising or promotional material; and
  6. it is not misleading, and if it makes a claim about a product or service in exchange for any benefit you received, you disclose that benefit clearly.

9.3 Moderation

We may, but are not obliged to, review, screen, edit, refuse, move or remove User Content, and we may close comments on any page, at our discretion and without notice. We are not responsible for User Content, and User Content does not represent our views. Comments are the sole responsibility of the person who posted them. Our failure to remove particular User Content is not an endorsement of it.

We may suspend or permanently block any person who breaches this Section, and we may terminate the accounts or access of repeat infringers.

10. Copyright complaints

10.1 If you believe Content on the Site infringes your copyright

Send a written notice to info@thegoods.ca with the subject line "Copyright Notice" containing:

  1. your name, address, telephone number and email address;
  2. identification of the work in which you claim copyright, and a statement of your interest or right in it;
  3. the location of the material on the Site that you say is infringing, given with enough specificity for us to find it (a URL is preferred);
  4. the infringement claimed and the date and time of the alleged infringement, if known;
  5. a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information in the notice is accurate and, where you act for the owner, that you are authorized to act.

A notice that complies with the requirements of section 41.25 of the Copyright Act (Canada) or with 17 U.S.C. § 512(c)(3) will satisfy this Section. A notice must not contain a settlement demand, a request for payment, or a hyperlink to a payment page; we are not required to forward or act on a notice containing those elements.

We will review complete notices promptly and, where a claim appears well founded, may remove or disable access to the material. Where we host material on behalf of another person, we will forward a compliant notice to that person as required by the notice-and-notice regime under the Copyright Act, and will retain related records as required.

10.2 Counter-notice

If your material has been removed and you believe the removal was in error or that you are authorized to use the material, send a counter-notice to info@thegoods.ca identifying the material, its former location, and the basis for your position, together with your contact information. We may restore the material at our discretion, having regard to any response from the complainant.

10.3 Misuse

Knowingly making a material misrepresentation in a notice or counter-notice may expose you to liability, including for damages and costs.

11. Recipes and food safety

11.1 Recipes are provided for information only

Recipes, cooking instructions, nutritional statements, timings, yields and temperatures are provided for general information and are not professional culinary, nutritional, dietary or medical advice. Results vary with ingredients, altitude, humidity, equipment, calibration and technique, and we do not warrant that your results will match the descriptions or photographs on the Site. Any nutritional information is an estimate and should not be relied on for medical or dietary decisions.

You are responsible for: exercising judgment and ordinary care in the kitchen; following safe food handling, cooking, cooling and storage practices; verifying internal cooking temperatures; checking ingredient labels; and supervising children and any person who may be at risk. If you have a health condition, a food allergy, or specific dietary requirements, consult a qualified health professional before relying on any recipe or content on the Site.

11.2 No professional advice

Nothing on the Site is legal, financial, medical, nutritional or other professional advice, and no reader–adviser relationship is created by your use of the Site.

12. Newsletter and electronic communications

You may subscribe to our newsletter by giving us your email address and confirming your subscription. By subscribing you consent to receive commercial electronic messages from us, including new recipes and articles, cooking tips, and offers, and occasional sponsored or affiliate content, which we identify as such.

Every message we send identifies us, gives our contact information including a mailing address, and contains a working unsubscribe mechanism that operates at no cost to you. You may unsubscribe at any time using that link, or by emailing info@thegoods.ca, and we will give effect to your request without delay and in any event within 10 business days.

We may still send you non-commercial messages necessary to respond to your enquiry or to comply with a legal obligation.

13. Advertising, affiliate links and sponsored content

13.1 Advertising. The Site displays third-party advertising, including through Google AdSense. We do not select, control, endorse or verify the advertisements shown, and we are not responsible for the products, services, claims or conduct of advertisers. Your dealings with an advertiser are solely between you and the advertiser.

13.2 Affiliate links. The Site contains affiliate links. If you click an affiliate link and make a purchase, we may earn a commission at no additional cost to you. We participate in the Amazon Associates program and in affiliate programs operated by kitchen, cooking and food brands. As an Amazon Associate, we earn from qualifying purchases.

13.3 Sponsorship and gifted products. Where a post is sponsored, or where we received a product, service or other benefit in connection with content, we disclose that clearly and prominently in or near the relevant content, in accordance with the Competition Act (Canada) and comparable advertising standards.

13.4 Our recommendations. Our editorial opinions are our own. A commercial relationship does not determine whether we recommend a product, and we do not accept payment for a positive review. Recommendations reflect our experience and are not a warranty of performance or suitability for your purposes.

14. Disclaimers

14.1 Except as expressly stated in these Terms and subject to Section 14.3, the Site, the Content and the newsletter are provided "as is" and "as available", without representation, warranty or condition of any kind, whether express, implied, statutory or otherwise, including any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or arising from a course of dealing or usage of trade.

14.2 Without limiting Section 14.1, we do not warrant that the Site will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Site or the servers that make it available are free of harmful components; or that the Content is accurate, complete, current or reliable. You are responsible for the use you make of the Content.

14.3 Nothing in these Terms excludes, restricts or modifies: any right, warranty, condition, guarantee or remedy conferred on you by Consumer legislation that cannot be excluded, restricted or modified by agreement; any liability for fraud or fraudulent misrepresentation; or any liability for death or personal injury caused by our negligence.

15. Limitation of liability

15.1 To the maximum extent permitted by law and subject to Sections 15.2 and 15.3, we will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, anticipated savings or data, however caused and on any theory of liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if we have been advised of the possibility of those damages.

15.2 To the maximum extent permitted by law, our aggregate liability to you for all claims arising out of or relating to the Site, the Content, the newsletter or these Terms is limited to one hundred Canadian dollars (CAD $100).

15.3 Sections 15.1 and 15.2 do not apply to, and nothing in these Terms limits, our liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; our gross negligence or wilful misconduct; or any other liability that cannot lawfully be limited or excluded, including under Consumer legislation.

15.4 The limitations in this Section reflect a reasonable allocation of risk between us, having regard to the fact that access to the Site and the Content is provided free of charge, and they form an essential basis of the bargain between us. They apply even if a limited remedy fails of its essential purpose.

15.5 Any claim arising out of or relating to the Site or the Content must be brought within one year after the cause of action arises, or within the shortest period permitted by law if that period is longer. This Section does not apply where the applicable limitation period cannot be varied by agreement.

16. Indemnity

You agree to indemnify and hold harmless The Goods and its directors, officers, employees, contractors and agents from and against any third-party claim, and any resulting loss, liability, damage, cost or expense (including reasonable legal fees on a solicitor and own client basis), arising out of or relating to: (a) your User Content; (b) your breach of these Terms; (c) your infringement of any right of a third party; or (d) your use of the Site in a manner not permitted by these Terms.

This Section does not apply to your use of the Site as a consumer for personal, family or household purposes, except in respect of your User Content, your infringement of a third party’s rights, or your wilful misconduct.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence. You must not settle any such matter without our prior written consent.

17. Suspension and termination

We may suspend or terminate your access to the Site, or to any feature of it, at any time, with or without notice, where we reasonably believe you have breached these Terms or where necessary to protect the Site, our users, or a third party. You may stop using the Site at any time. Sections 7, 9.1, 9.2, 10, 11, 14, 15, 16, 18, 20 and 21 survive termination.

18. Governing law and forum

These Terms and any dispute arising out of or relating to them, the Site or the Content are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in it, without regard to conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

You and we submit to the non-exclusive jurisdiction of the courts of the Province of Alberta, sitting in the Judicial District of Red Deer, and agree that those courts are a convenient forum.

Nothing in this Section deprives you, as a consumer, of the protection of the mandatory provisions of the law of the jurisdiction in which you habitually reside, or of the right to bring proceedings in the courts of that jurisdiction where the law of that jurisdiction gives you that right. In particular, if you reside in Quebec, nothing in this Section prevents you from bringing an action before the courts of Quebec.

You are responsible for compliance with the laws of the jurisdiction from which you access the Site. We make no representation that the Site or the Content is appropriate or available for use outside Canada.

19. Events beyond our control

We are not liable for any failure or delay in performing an obligation under these Terms to the extent it is caused by an event beyond our reasonable control, including fire, flood, severe weather, power or internet failure, failure of a hosting provider, epidemic, labour disruption, supply shortage, or act of government.

20. General

20.1 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us in respect of their subject matter and supersede all prior communications.

20.2 Severability. If any provision of these Terms is held invalid or unenforceable, it is to be read down to the minimum extent necessary to make it enforceable and, if it cannot be, it is severed, and the remaining provisions continue in full force.

20.3 No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and a waiver on one occasion is not a waiver of any subsequent occasion.

20.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, reorganization, or sale of all or substantially all of our assets, on notice to you.

20.5 No partnership. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and us.

20.6 Notices. We may give notice to you by posting on the Site or by email to the address you have given us. You may give notice to us at info@thegoods.ca or at the address in Section 21. A notice by email is deemed received on the next business day after it is sent.

20.7 Third-party beneficiaries. Our directors, officers, employees, contractors and agents may enforce Sections 15 and 16 as though they were parties to these Terms. There are no other third-party beneficiaries.

20.8 Language. The parties have expressly requested and required that these Terms and all related documents be drawn up in English. Les parties ont expressément demandé et exigé que les présentes conditions ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. Where we make a French version available, the English version prevails to the extent permitted by law.

21. Contact

RealEasy Technologies Inc. o/a The Goods
Red Deer, Alberta, Canada
info@thegoods.ca
thegoods.ca

22. Acknowledgment

By using the Site, subscribing to the newsletter, or submitting User Content, you acknowledge that you have read and understood these Terms and agree to be bound by them.