Terms of Use

1. Acceptance of Terms

By accessing, browsing, or using the website located at winafca.com (the “Site”), you agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, our Return Policy, and our Loyalty Program Terms, each of which are incorporated herein by reference. Together, these documents form a legally binding agreement between you (the “User,” “you,” or “your”) and Winaf African Supermarket (“Winaf,” “we,” “our,” or “us”), a Canadian business headquartered in Winnipeg, Manitoba.

If you do not agree to any part of these Terms, you must not use the Site, create an account, or place any orders through the Site.

Winaf reserves the right, in its sole discretion, to modify, update, or replace these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this document. It is your responsibility to review these Terms periodically. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Site.

2. Eligibility

The Site is intended for use by individuals who are at least 18 years of age, or the age of majority in their province or territory of residence, whichever is greater. By accessing or using the Site, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract under applicable Canadian law.

Individuals under the age of majority may access or use the Site only under the direct supervision of a parent or legal guardian who has read and agreed to these Terms on their behalf and who accepts full responsibility for the minor’s use of the Site.

Winaf reserves the right to request proof of age or eligibility at any time and to deny access or cancel orders where eligibility cannot be confirmed.

3. Use of the Website

3.1 Permitted Use. Subject to these Terms, Winaf grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site solely for your personal, non-commercial purposes, including browsing products, placing orders for personal use, managing your Loyalty Card account, and contacting our customer service team.

3.2 Prohibited Conduct. You agree that you will not, under any circumstances:

• Use the Site for any unlawful purpose or in violation of any applicable federal, provincial, or territorial law of Canada, including but not limited to consumer protection legislation, anti-spam legislation (CASL), and privacy laws;
• Attempt to gain unauthorized access to any portion of the Site, our servers, computer systems, databases, networks, or any system connected to the Site;
• Upload, post, transmit, or otherwise introduce any viruses, worms, Trojan horses, malware, ransomware, spyware, adware, or any other harmful, disruptive, or destructive code or files;
• Scrape, crawl, copy, harvest, aggregate, or systematically extract any data, content, or information from the Site by automated or manual means without our prior express written permission;
• Reproduce, duplicate, copy, sell, resell, license, or otherwise exploit any portion of the Site or its content for any commercial purpose without our prior written consent;
• Post, transmit, or submit any content that is defamatory, obscene, pornographic, offensive, harassing, hateful, fraudulent, deceptive, or otherwise objectionable;
• Impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent your identity or qualifications in any way;
• Interfere with, disrupt, or attempt to disrupt the proper functioning, performance, or integrity of the Site or any servers or networks connected to it;
• Use the Site to send unsolicited commercial communications (spam) or to engage in phishing, pharming, or similar deceptive practices;
• Circumvent or attempt to circumvent any technological measures we use to protect the Site or its content.

3.3 Consequences of Violation. Winaf reserves the right, in its sole discretion and without prior notice, to terminate, suspend, or restrict your access to the Site, cancel any pending orders, and take any other appropriate action if we reasonably believe you have violated or are likely to violate these Terms. We also reserve the right to report any unlawful conduct to the appropriate law enforcement or regulatory authorities.

4. Online Ordering

4.1 Order Placement. All orders placed through the Site are subject to product availability and our acceptance. The display of any product on the Site does not constitute a binding offer to sell. Your submission of an order constitutes an offer to purchase.

4.2 Right to Refuse or Cancel Orders. Winaf reserves the right, at its sole discretion and without liability to you, to refuse or cancel any order at any time for reasons including but not limited to: pricing errors, suspected fraudulent activity, items that are out of stock or discontinued, or where we are unable to verify the information provided in your order.

4.3 Pricing and Currency. All prices displayed on the Site are listed in Canadian Dollars (CAD) and are subject to change at any time without prior notice. Winaf makes reasonable efforts to ensure that prices are accurate at the time of display; however, errors may occur. In the event of a pricing error, we will notify you as soon as reasonably practicable and give you the option to proceed at the correct price or cancel your order.

4.4 Taxes. Applicable federal and provincial taxes, including GST, PST, and/or HST as applicable to your province or territory of residence, will be added to your order total in accordance with applicable Canadian tax legislation. The amount of tax displayed at checkout is an estimate; the final amount may differ slightly.

4.5 Accuracy of Order Information. By placing an order, you represent and warrant that all information provided, including your name, delivery address, contact information, and payment details, is accurate, current, and complete. Winaf is not responsible for errors or delays resulting from inaccurate information provided by you.

4.6 Payment Processing. Payments for orders are processed through secure, third-party payment processors. Winaf does not collect, store, or have access to your full payment card information. All payment transactions are subject to the terms and privacy policies of the applicable payment processor. By submitting payment, you authorize the applicable processor to charge your payment method for the order total.

4.7 Order Confirmation. Upon submission of an order, you will receive an automated order confirmation email. This confirmation email is an acknowledgement of receipt only and does not constitute our acceptance of your order or a binding contract of sale. A binding agreement for the purchase of goods is formed only when your order is fulfilled, packed, and dispatched or made available for in-store pickup.

4.8 Delivery. Where delivery is offered through third-party delivery services or platforms, Winaf shall not be responsible for delays, errors, losses, or damage arising from the acts or omissions of such third-party providers. Delivery timeframes communicated at checkout are estimates only and are not guaranteed.

4.9 Third-Party Ordering Channels. Some orders may be placed through third-party online ordering platforms. Orders placed through such platforms are subject to the applicable third-party terms and conditions in addition to these Terms. Winaf does not control third-party platforms and is not responsible for their technical performance or customer service practices.

5. Loyalty Card Program

5.1 Program Terms. Participation in the Winaf Loyalty Card program (“Program”) is voluntary and subject to the separate Loyalty Program Terms and Conditions posted on the Site, which are incorporated into these Terms by reference. In the event of any conflict between those terms and these Terms, the Loyalty Program Terms shall govern with respect to Program-specific matters.

5.2 Points and Rewards. Loyalty points earned through the Program are non-transferable between accounts, have no monetary or cash value, and may not be redeemed for cash or cash equivalents unless expressly stated in the Loyalty Program Terms. Points are the property of Winaf and are issued at Winaf’s discretion.

5.3 Program Modifications. Winaf reserves the right to modify, suspend, or permanently terminate the Loyalty Card Program, or any aspect thereof, at any time. Where practicable, we will provide reasonable advance notice of material changes through the Site or by email to registered Program participants. Continued participation in the Program following any such changes constitutes your acceptance of the revised terms.

5.4 Fraudulent Use. Any fraudulent, deceptive, or abusive use of the Loyalty Card, including but not limited to unauthorized account sharing, manipulation of point balances, or use of another person’s card without authorization, may result in immediate suspension or termination of your Loyalty Card account and forfeiture of all accumulated points, without compensation, refund, or recourse.

6. Accounts and Registration

6.1 Account Creation. In order to place orders, access your Loyalty Card balance, or use certain features of the Site, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate.

6.2 Account Security. You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password. You are responsible for all activity that occurs under your account, whether or not authorized by you. You agree not to share your login credentials with any third party.

6.3 Unauthorized Use. You must notify Winaf immediately if you become aware of any unauthorized access to or use of your account. Notification should be made by contacting us at [email protected]. Winaf shall not be liable for any loss or damage arising from unauthorized use of your account prior to your notification to us.

6.4 Account Suspension or Termination. Winaf reserves the right to suspend, restrict, or permanently terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, provided false registration information, or engaged in conduct that may harm Winaf, its customers, or third parties.

6.5 Prohibited Registration Practices. You may not create an account using automated means, scripts, bots, or other programmatic methods, nor may you register under a false name, a name you are not legally authorized to use, or an email address that does not belong to you.

7. Intellectual Property

7.1 Ownership. All content available on or through the Site, including but not limited to text, product descriptions, images, photographs, logos, graphic designs, icons, audio clips, digital downloads, data compilations, and software, is the property of Winaf African Supermarket or its content suppliers and is protected by applicable Canadian copyright, trademark, trade dress, and other intellectual property laws and international conventions.

7.2 Restrictions on Use. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, adapt, create derivative works from, or otherwise exploit any content from the Site, in whole or in part, for any purpose without our prior express written consent. Unauthorized use of Site content may constitute an infringement of copyright, trademark, or other applicable laws and may give rise to civil and/or criminal liability.

7.3 Trademarks. The “Winaf” name, logo, and any other product or service names, slogans, or logos displayed on the Site are trademarks or registered trademarks of Winaf African Supermarket. Nothing in these Terms grants you any right or licence to use any such marks without our prior written permission. Unauthorized use of our trademarks is strictly prohibited.

7.4 User-Submitted Content. To the extent you submit, post, or transmit any content to the Site, including product reviews, comments, ratings, or feedback (“User Content”), you grant Winaf a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable licence to use, reproduce, publish, adapt, translate, distribute, and display such User Content in connection with our business operations, including marketing, without further notice to or consent from you and without payment of any compensation. You represent and warrant that you own or otherwise have the necessary rights to submit such User Content and that it does not infringe any third-party rights.

8. Product Information and Availability

8.1 Accuracy of Information. Winaf makes reasonable efforts to ensure that product descriptions, images, pricing, and availability information displayed on the Site are accurate and up to date. However, we do not warrant that product descriptions or other Site content are error-free, complete, reliable, current, or free of typographical or other errors. In the event of an error, we reserve the right to correct it and to refuse or cancel any orders placed on the basis of incorrect information.

8.2 Product Images. Product images displayed on the Site are provided for illustrative purposes only. Actual products, including their packaging, colour, size, and appearance, may differ from images shown on the Site. Images do not form part of any contractual description of the goods.

8.3 Availability. All products are subject to availability. We reserve the right to limit quantities available for purchase and to discontinue any product at any time without prior notice. In the event that an item you have ordered is unavailable, we will notify you and, where applicable, offer you a suitable alternative or a refund.

8.4 Food Labelling and Safety Compliance. Certain products sold through the Site, including food and food-related items, are subject to applicable Canadian food labelling and safety regulations, including those set out under the Safe Food for Canadians Act, the Food and Drugs Act, and Canadian Food Inspection Agency (CFIA) requirements. We make reasonable efforts to ensure our products comply with applicable regulations; however, product formulations and labelling may change from time to time.

8.5 Allergen Disclaimer. Winaf does not warrant that any product sold on the Site is free from allergens, contaminants, or ingredients that may be harmful to individuals with specific dietary needs, sensitivities, or allergies beyond what is expressly stated on the product label. Customers who have food allergies, intolerances, or specific dietary requirements are strongly advised to contact us at [email protected] or call +1 (204) 977-2045 before placing an order to seek specific allergen information.

9. Returns, Refunds, and Exchanges

9.1 Return Policy. Our full return and refund policy is available on the Site and is incorporated into these Terms by reference. In the event of any inconsistency between our Return Policy and these Terms, the Return Policy shall govern with respect to return and refund matters.

9.2 Perishable and Food Items. Due to applicable health, safety, and food handling regulations, perishable goods, fresh produce, refrigerated or frozen items, and open food packaging may not be eligible for return or exchange once they have left our physical store premises or been delivered. This restriction does not affect your rights under applicable provincial consumer protection legislation where a product is defective or not as described.

9.3 Timeframe and Proof of Purchase. Requests for returns, refunds, or exchanges must generally be submitted within seven (7) days of the date of purchase or delivery, accompanied by a valid proof of purchase (such as an order confirmation email or receipt). Requests submitted outside this timeframe or without adequate proof of purchase may be declined at Winaf’s discretion.

9.4 Right to Refuse Returns. Winaf reserves the right to refuse a return or refund request where the item has been consumed, damaged by the customer, returned without original packaging where required, or where the request does not otherwise comply with our Return Policy.

9.5 Statutory Rights. Nothing in this section limits or excludes any rights you may have under applicable provincial consumer protection legislation, including but not limited to The Consumer Protection Act of Manitoba.

10. Third-Party Links and Services

10.1 Third-Party Links. The Site may contain hyperlinks to third-party websites, applications, platforms, or services, including but not limited to online food ordering platforms, social media pages, and payment processors (“Third-Party Sites”). These links are provided for your convenience only.

10.2 No Endorsement or Responsibility. Winaf does not control, endorse, monitor, or assume responsibility for the content, accuracy, privacy practices, terms of service, or availability of any Third-Party Sites. The presence of a link to a Third-Party Site on the Site does not constitute an endorsement or recommendation of that site or its products, services, or operators.

10.3 User Responsibility. You access Third-Party Sites entirely at your own risk. We strongly encourage you to review the applicable terms of use, privacy policies, and other policies of any Third-Party Site before using it or providing any personal information. Winaf shall not be liable for any loss, harm, or damage arising from your access to or use of any Third-Party Sites.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WINAF AFRICAN SUPERMARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Site will be available, uninterrupted, timely, secure, or error-free at all times;
• Warranties that any defects or errors in the Site will be corrected;
• Warranties that the Site or any server making it available are free of viruses, malicious code, or other harmful components;
• Warranties regarding the accuracy, completeness, reliability, currentness, or suitability of any content, product description, price, or other information available on or through the Site.

Where applicable provincial legislation implies warranties that cannot be excluded, those warranties are limited to the minimum extent required by law. Your use of the Site is at your sole risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINAF AFRICAN SUPERMARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Loss of savings or anticipated savings;
• Business interruption;
• Damages arising from your inability to access or use the Site or any content thereon;
• Damages arising from unauthorized access to your account or personal information;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WINAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, Winaf’s total aggregate liability to you for all claims arising under or in connection with these Terms or your use of the Site shall not exceed the total amount paid by you to Winaf for the specific order or transaction directly giving rise to the claim.

Some provinces and territories of Canada do not permit the exclusion or limitation of implied warranties or the limitation of liability for consequential or incidental damages. To the extent that such legislation applies, the above limitations and exclusions may not apply to you, and our liability shall be limited to the greatest extent permitted by applicable law in your jurisdiction.

13. Indemnification

You agree to indemnify, defend, and hold harmless Winaf African Supermarket and its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, and successors (collectively, the “Indemnified Parties”) from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

1. Your access to or use of the Site, or any use made of the Site under your account credentials;
2. Your violation of any provision of these Terms or any document incorporated herein by reference;
3. Your violation of any applicable law, regulation, or third-party right, including any intellectual property rights, privacy rights, or consumer protection rights; or
4. Any content, information, materials, or data you submit, post, transmit, or otherwise make available through the Site.

Winaf reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Winaf’s defence of such matter and not to settle any such claim without our prior written consent.

14. Governing Law and Dispute Resolution

14.1 Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the Province of Manitoba and the applicable federal laws of Canada, without reference to or application of any conflict of law rules or principles that would cause the laws of any other jurisdiction to apply.

14.2 Jurisdiction. Subject to Section 14.3 below, you irrevocably submit to the exclusive jurisdiction of the courts of competent jurisdiction located in the Province of Manitoba, Canada for the resolution of any dispute arising out of or in connection with these Terms or your use of the Site. You waive any objection to the laying of venue in such courts and waive any objection that such courts are an inconvenient forum.

14.3 Informal Dispute Resolution. Before initiating any formal legal proceeding, you agree to contact Winaf at [email protected] to describe the nature of your dispute and seek informal resolution. We will acknowledge your message and endeavour to respond substantively within fifteen (15) business days. Both parties agree to make good-faith efforts to resolve the dispute informally for a minimum period of thirty (30) days before resorting to formal legal proceedings.

14.4 Consumer Protection Rights. Nothing in this Section 14 is intended to, or shall be construed to, limit, restrict, or waive any rights you may have under applicable provincial consumer protection legislation, including but not limited to The Consumer Protection Act (Manitoba) or equivalent legislation in your province or territory of residence.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, which is available at winafca.com/privacy-policy and is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws.

By using the Site, creating an account, or placing an order, you acknowledge that you have read and understood our Privacy Policy and you consent to the collection, use, and disclosure of your personal information as described therein. If you do not agree to our Privacy Policy, please do not use the Site.

16. Force Majeure

Winaf African Supermarket shall not be in breach of these Terms, and shall not be liable for any failure or delay in the performance of our obligations under these Terms, to the extent that such failure or delay results from causes or circumstances beyond our reasonable control, including but not limited to: acts of God; fire; flood; earthquake; storm or other natural disaster; epidemic or pandemic; war; civil unrest; terrorism; riot; government action, legislation, or regulation; labour disputes or strikes; supplier or supply chain failures or disruptions; power outages; or failures of the internet, telecommunications networks, or third-party services.

In such circumstances, our obligations under these Terms shall be suspended for the duration of the force majeure event. We will use reasonable efforts to notify you of any such event and to resume performance as soon as reasonably practicable.

17. Severability

If any provision of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted from these Terms. Any modification or deletion of a provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

18. Entire Agreement

These Terms, together with Winaf’s Privacy Policy, Loyalty Program Terms and Conditions, and Return and Refund Policy, each as amended from time to time and incorporated herein by reference, constitute the entire agreement between you and Winaf African Supermarket with respect to your access to and use of the Site and the subject matter hereof. These Terms supersede all prior and contemporaneous negotiations, representations, warranties, agreements, and understandings, whether written or oral, between you and Winaf relating to the same subject matter.

No waiver by Winaf of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Winaf to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Us

If you have any questions, concerns, complaints, or requests relating to these Terms of Use, please contact us using the details below. We are committed to addressing your inquiry promptly and in good faith.

Winaf African Supermarket
Store 1: 2987 Pembina Hwy, Winnipeg, MB R3T 2H5
Store 2: 3259 Portage Ave, Winnipeg, MB
Email: [email protected]
Phone: +1 (204) 977-2045
Website: winafca.com

Our customer service team is available to assist you during regular business hours. For matters relating to these Terms, please include “Terms of Use Inquiry” in the subject line of your email to ensure prompt routing.