Legal & Policies
Privacy Policy
This Privacy Policy describes how kimchifest.ca ("we," "our website," or "the Festival Committee") collects, uses, and discloses your Personal Information when you interact with us through the site or make a purchase.
1. Collecting Personal Information
When you visit kimchifest.ca, we collect information about your device and interaction with the site, as well as information necessary to process your purchases or inquiries. "Personal Information" refers to any information that uniquely identifies an individual.
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Device Information: Includes browser type, IP address, time zone, unique cookie identifiers, pages visited, and Browse behavior.
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Purpose: To ensure proper site functionality, analyze site usage, and improve user experience.
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Collected through: Cookies, log files, web beacons, and pixels.
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Order Information: Includes your name, billing and shipping address, payment details (e.g., credit card numbers), email address, and phone number.
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Purpose: To fulfill orders, process payments securely, arrange pick-up of goods, manage customer service, and send order confirmations.
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Collected through: Checkout forms.
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Customer Support Information:
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Purpose: To provide accurate and timely assistance for your inquiries.
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Collected through: Direct contact via email or web forms.
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2. Minors
We do not knowingly collect personal information from children under the age of majority in British Columbia. If you believe a child has shared personal information with us, please contact us immediately at info@kimchifest.ca, and we will take steps to remove that information.
3. Sharing Personal Information
We share your Personal Information with third-party service providers to help us operate our site and store, process payments, and improve our services. These partners include:
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Wix.com: Powers our website and online store. You can learn more about how Wix uses your Personal Information by visiting their Privacy Policy.
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Payment Processors: Securely handle your payment transactions. We only share necessary information to process your payment.
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Analytics Providers: Help us understand how customers use the site (e.g., Google Analytics). We share information about your use of the site, purchases, and other data to help us measure and improve our performance.
We only share your Personal Information when necessary to provide our services, and always in accordance with this Privacy Policy.
4. Use of Personal Information
We use your Personal Information to provide our festival-related services, which include:
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Processing and fulfilling your orders.
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Communicating with you about your orders, products, services, and promotions.
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Sending you updates and information about festival events.
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Improving and optimizing our website and services.
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Detecting and preventing fraud.
5. Retention of Personal Information
We retain order-related Personal Information for as long as necessary to fulfill the purposes for which it was collected, including for processing1 returns, warranties, and for legal and accounting compliance. If you wish to have your Personal Information deleted sooner, please contact us at info@kimchifest.ca.
6. Security of Personal Information
We implement reasonable security safeguards, including technical (e.g., encryption, firewalls) and organizational (e.g., access controls, staff training) measures, to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. We strive to2 protect your data, but no method of transmission over the Internet or electronic storage is 100% secure.
7. Cookies and Tracking Technologies
We use various types of cookies and similar tracking technologies to enhance your experience, analyze website performance, and remember your preferences.
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Essential Cookies: Necessary for the website to function correctly (e.g., enabling shopping cart features).
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Analytical/Performance Cookies: Help us understand how visitors interact with our website by collecting information about page visits3 and traffic sources. This helps us improve our site's performance.
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Functional Cookies: Remember your preferences (e.g., language or region) to provide a more personalized experience.
You have the option to accept or decline cookies. Most web browsers automatically accept cookies,4 but you can usually modify your browser setting to decline cookies if you prefer. Please be aware that disabling cookies may impact the functionality and your experience5 of our website. For more detailed information on how to manage cookies, please refer to your browser's help section.
8. Your Rights
Under Canadian privacy laws, you have the right to access the Personal Information we hold about you and to request that your Personal Information be corrected6 if it is inaccurate. If you would like to exercise this right, please contact us at info@kimchifest.ca.
9. "Do Not Track" Signals
Please note that our systems do not currently respond to "Do Not Track" browser signals. This is due to the lack of a universally accepted standard for how websites should interpret and respond to these signals.
10. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any updates will be posted on this7 page. For any material changes that significantly impact your rights or obligations, we will provide reasonable notice, such as through a prominent notice on our website or by email.
11. Contact Us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at info@kimchifest.ca.
Shipping & Refund Policy
Shipping Policy
All products listed on kimchifest.ca are available for on-site pick-up only. We do not offer delivery services. Purchased goods, including festival merchandise, must be collected during designated event hours at our official pick-up locations in Burnaby, BC. Specific details regarding pick-up locations and times will be provided upon order confirmation via email and will be clearly displayed on our website.
For food truck vendor applications, any online payment is solely for reservation purposes. The specific terms and conditions related to vendor participation are detailed in the vendor contract, which will be provided upon application approval.
Changes to this policy will be communicated clearly on kimchifest.ca.
Refund Policy
We offer a 14-day refund policy from the date of product pick-up.
To be eligible for a refund:
Items must be unused, in their original condition, with all tags and packaging intact.
You must present proof of purchase (e.g., order confirmation email or receipt).
To request a refund:
Please email us at info@kimchifest.ca to initiate the refund process and receive approval.
Once approved, returns must be mailed or delivered to: 4341 North Rd Unit 203, Burnaby, BC V3N 4N3.
Returns sent without prior approval will not be accepted.
Non-Refundable Items:
Certain types of goods are non-refundable:
Perishable goods (e.g., food, flowers)
Personalized or custom orders
Beauty or personal care items
Sale items and gift cards
Refund Process:
Once your return is received and inspected, we will notify you of the approval or rejection of your refund.
If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 10 business days.
Please note that it may take additional time for the refund to appear on your bank or credit card statement, depending on your financial institution.
If you have not received a refund after 15 business days from our confirmation of processing, please contact us immediately at info@kimchifest.ca.
Damaged or Incorrect Items:
Please inspect your order immediately upon pick-up. If the item is defective, damaged, or if you receive the wrong item, please contact us at info@kimchifest.ca right away so we can evaluate the issue and make it right.
Terms of Service
1. Overview
This website is operated by the Kimchi & K-Food Festival Committee. By accessing or using any part of this site, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement under the Electronic Transactions Act (British Columbia) and other applicable laws. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and/or contributors of content.
2. User Eligibility
By using this site, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority in your province or territory of residence and you have given us your consent to allow any of your minor dependents to use this11 site. Your use of this site must comply with all applicable local, provincial, federal, and international laws.
3. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right12 to modify or discontinue any part of the site or services without prior notice. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4. Accuracy, Completeness, and Timeliness of Information
While we strive for accurate, complete, and current content on this site, we cannot guarantee its absolute completeness or timeliness. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
5. Products and Services
Certain products or services may be available exclusively online through the website. These products or services15 may have limited quantities and are subject to return or exchange only according to our Refund Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic16 region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.17 We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by18 you will meet your expectations, or that any errors in the Service will be corrected. Visual representation of products on our site may vary based on your monitor settings.
6. Orders, Billing, and Account Information Accuracy
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities19 purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to restrict purchases suspected to be for resale. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Optional Tools and Third-Party Links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You20 acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of third-party tools and websites linked from our site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We are not liable for any content, products, or services on third-party websites.
8. User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary21 right. Your comments must not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware22 that could in any way affect the operation of the Service or any related website.
9. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please23 review our Privacy Policy to understand our practices.24
10. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service25 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Kimchi & K-Food Festival Committee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential26 or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by27 law.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Kimchi & K-Food Festival Committee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia,28 Canada.
15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Force Majeure
The Kimchi & K-Food Festival Committee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the29 Festival Committee's reasonable control, including, without limitation, acts of God, fire, flood, epidemics, pandemics, government action, war, terrorism, power outages, strikes, or labor disputes.
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
18. Contact Information
Questions about the Terms of Service should be sent to us at info@kimchifest.ca.