Terms Of Use

 

1. ACCEPTANCE OF TERMS

Companion Whole Foods provides a collection of online resources, including the placement of classified ads, donation services, fund request services, newsletters, posting services, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Companion Whole Foods services, you agree to abide by any applicable posted guidelines for all Companion Whole Foods services, which may change at any  time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Companion Whole Foods in any way, your only recourse is to immediately discontinue use of Companion Whole Foods. Companion Whole Foods has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU on www.companionwholefoods.com

3. CONTENT

You understand that all postings, requests, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Companion Whole Foods does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Companion Whole Foods site and Content available through the Service may contain links to other websites, which are completely independent of Companion Whole Foods.

Companion Whole Foods makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Companion Whole Foods be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Companion Whole Foods does not pre-screen or approve Content, but that Companion Whole Foods shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Companion Whole Foods site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Companion Whole Foods, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Companion Whole Foods shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Companion Whole Foods is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Companion Whole Foods, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work or service has been copied or misrepresented in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Companion Whole Foods's agent for notice of claims of copyright or other intellectual property infringement ("Agent"),

 

Please provide our Agent with the following Notice:

a) Identify the material on the Companion Whole Foods site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Companion Whole Foods will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE

Companion Whole Foods has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.companionwholefoods.com

Your use of the Companion Whole Foods website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Companion Whole Foods may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Companion Whole Foods, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring Canada citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a Companion Whole Foods employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if posted in areas of the Companion Whole Foods sites which are not designated for such purposes; or emailed to Companion Whole Foods users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in "services";

n) that advertises any illegal service or request for funds for illegal purposes, or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.

o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any fund raising purpose or commercial purpose;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Companion Whole Foods;

v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

w) post the same item, service or request for funds in more than one classified category or forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to Companion Whole Foods's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Companion Whole Foods website; or

y) use any form of automated device or computer program that enables the submission of postings on Companion Whole Foods without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

z) use any form of automated device or computer program ("flagging tool") that enables the use of Companion Whole Foods's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;

8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Companion Whole Foods's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Companion Whole Foods. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Companion Whole Foods.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Companion Whole Foods email addresses or through Companion Whole Foods computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Companion Whole Foods computer systems is a violation of these Terms and certain laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. PAID POSTINGS

We may charge a fee to post Content at 5%. Paypal will also charge fees in accordance with their service charges. All funds obtained are subject to the above charges. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Contentand compliance with the TOU. All fees paid will be non-refundable in theevent that Content is removed from the Service for violating the TOU. If funds requested are in violation of any TOU or are requested under false pretences they will not be paid out by Companion Whole Foods.

11. LIMITATIONS ON SERVICE

You acknowledge that Companion Whole Foods may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Companion Whole Foods has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Companion Whole Foods reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Companion Whole Foods shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

Companion Whole Foods grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Companion Whole Foods. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Companion Whole Foods permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g, for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Companion Whole Foods to do so. You may also create a hyperlink to a user’s home page on Companion Whole Foods site so long as the link does not portray Companion Whole Foods, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Companion Whole Foods offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Companion Whole Foods permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Companion Whole Foods' as the source, (d) your use or display does not suggest that Companion Whole Foods promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Companion Whole Foods's systems. Companion Whole Foods reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Companion Whole Foods immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Companion Whole Foods.

13. TERMINATION OF SERVICE

You agree that Companion Whole Foods, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Companion Whole Foods believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Companion Whole Foods shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Companion Whole Foods. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Companion Whole Foods, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Companion Whole Foods is a registered mark in the U.S. Patent and Trademark Office.

Although Companion Whole Foods does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Companion Whole Foods an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Companion Whole Foods all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Companion Whole Foods SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Companion Whole Foods SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Companion Whole Foods DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Companion Whole Foods SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Companion Whole Foods DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Companion Whole Foods SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Companion Whole Foods SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Companion Whole Foods DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Companion Whole Foods SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Companion Whole Foods BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF  Companion Whole Foods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Companion Whole Foods SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Companion Whole Foods SITE OR THE SERVICE, FROM INABILITY TO USE THE Companion Whole Foods SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE  Companion Whole Foods OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Companion Whole Foods SITE OR THE SERVICE OR ANY LINKS ON THE Companion Whole Foods SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Companion Whole Foods SITE OR THE SERVICE OR ANY LINKS ON THE Companion Whole Foods SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold Companion Whole Foods its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Companion Whole Foods govern your use of the Service, superseding any prior agreements between you and Companion Whole Foods. The TOU and the relationship between you and Companion Whole Foods shall be governed by the law without regard to its conflict of law provisions. You and Companion Whole Foods agree to submit to the personal and exclusive jurisdiction of the courts located within Canada. The failure of Companion Whole Foods to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Companion Whole Foods reserves the right to update or modify all or part of these Terms and Conditions of Use at any time without notice. We recommend you visit the Site regularly and check the current version at that time. Your continued use of the Site will be considered as a declaration of your acceptance for the modifications.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

info@companionwholefoods.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Companion Whole Foods to pursue legal action to enforce these Terms, you will be liable to pay Companion Whole Foods the following amounts as liquidated damages, which you accept as reasonable estimates of Companion Whole Foods damages for the specified breaches of these Terms:

a. If you post any content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Companion Whole Foods one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Companion Whole Foods establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Companion Whole Foods hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Companion Whole Foods in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Companion Whole Foods email addresses or through Companion Whole Foods computer systems, you agree to pay Companion Whole Foods twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay Companion Whole Foods one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Companion Whole Foods may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Companion Whole Foods one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Companion Whole Foods an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Companion Whole Food's express written permission, you agree to pay Companion Whole Foods three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Companion Whole Foods actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Arealgoodcause retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

20. Anti-money Laundering Policy

CONTENTS
1. General Provisions
2. Definitions
3. Goals and Objectives
4. Anti-Money Laundering Policy Statements
5. Anti-Money Laundering Organization

General Provisions
This Policy represents the basic standards of Anti-Money Laundering and Combating Terrorism Financing (hereinafter collectively referred to as AML) procedures within the Companionwholefoods.com site

The Policy will become effective upon approval by the Executive Board of the Group.
All relevant employees must be thoroughly familiar with and make use of the material contained in this Policy.
Sufficient copies of this Policy will be distributed to all members of the Company so that it will be readily available to all relevant employees.
This Policy will be kept updated annually. When necessary, updated versions
will be introduced and distributed.

Definitions

Money Laundering
Money Laundering is any transaction or series of transactions undertaken
to conceal or disguise the nature and source of funds that have been
obtained from illegal activity. The main objective of the money launderer
is to transform ‘dirty’ money into seemingly clean money or other assets
in a way to leave as little trace as possible of the transformation. Examples
of illegal activities that often involve money laundering are: drug
trafficking; terrorism; smuggling; fraud; bribery; robbery; embezzlement;
and illegal gambling. There are three recognized forms of the money
laundering process:
• Placement – Physically depositing “cash” into banks and non-bank
financial institutions such as currency exchanges; converting “cash” into
other financial instruments such as by purchasing monetary instruments
(travelers’ checks, payment orders); or using “cash” to purchase expensive
items that can be resold. Launderers often seek to deposit cash into banks
in less regulated countries and then transfer these funds to banks in
regulated environments as “clean”. Smurfing - a form of Placement where
the launderer makes many small cash deposits instead of a large one to
evade local regulatory reporting requirements applicable to cash
transactions.
• Layering – Separating the proceeds of criminal activity from their
source through the use of layers of financial transactions (multiple
transfers of funds among financial institutions, early surrender of an
annuity without regard to penalties, cash collateralized loans, L/Cs with
false invoices/bills of lading, etc.) to disguise the origin of the funds,
disrupt any audit trail, and provide anonymity. Launderers want to move
funds around, changing both the form of the funds and their location in
order to make it harder for law enforcement authorities to identify “dirty”
money.

• Integration – Placing the laundered proceeds back into the
economy in such a way that they re-enter the financial system as
apparently legitimate funds.

Risk Based Approach

Identification of the money laundering risks of customers and transactions
allows us to determine and implement proportionate measures and
controls to mitigate these risks. The used risk criteria inter alia are the
following:

- Country risk, in conjunction with other risk factors, provides useful information
as to potential money laundering risks. Factors that may result in a determination
that a country poses a higher risk include:

• countries subject to sanctions, embargoes or similar measures;
• countries identified by the Financial Action Task Force (“FATF”)
as non-cooperative in the fight against money laundering or
identified by credible sources as lacking appropriate money
laundering laws and regulations;
• countries identified by credible sources as providing funding or
support for terrorist activities;
• countries identified by credible sources as having significant levels
of corruption, or non-transparent tax environment.

- Customer risk - there is no universal consensus as to which customers pose a
higher risk, but the below listed characteristics of customers have been identified
with potentially higher money laundering risks:
• armament manufactures,
• cash intensive business;
• unregulated charities and other unregulated “non profit”
organizations;
• dealers in high value of precious goods;
• “Politically Exposed Persons" (frequently abbreviated as "PEPs"),
referring to individuals holding or having held positions of public
trust, such as government officials, senior executives of government
corporations, politicians, important political party officials, etc., as
well as their families and close associates;
- Services risk. Determining the money laundering risks of services should
include a consideration of such factors as:
• services identified by regulators, governmental authorities or other
credible sources as being potentially high risk for money
laundering;
• services involving banknote and precious metals trading and
delivery.

The main purpose of the Policy is to establish the essential standards designed to prevent Companion Whole Foods from being used for money laundering and terrorism financing. In any country/jurisdiction where the requirements of applicable anti-money laundering laws and regulations establish higher standards, Clients must meet those standards. In case if any applicable laws are in conflict with this policy, the relevant Client must consult with the Companion Whole Foods to resolve the conflict.

Other objectives pursued by this Policy are as follows:
• Promote a “Know Your Customer” policy as a cornerstone principle for Companion Whole Foods business ethics and practices;
• Introduce a controlled environment where no business is transacted until all essential information concerning the Customer has been obtained;

• Conduct self-assessments of compliance with AML policy and procedures.
Adherence to this policy is absolutely fundamental for ensuring that all transactions,
regardless of geographic location, fully comply with applicable anti-money laundering
legislation. The Company is committed to examining its anti-money laundering strategies, goals and objectives on an ongoing basis and maintaining an effective AML Policy for the Company business.

Anti-Money Laundering Policy Statements
The following standards and duties are considered to be minimum requirements

Customer Due Diligence and Know Your Customer
• Prior to transact any type of business the Company must determine and document the true identity of customers and obtain background information on customers as well
as purpose and intended nature of the business;
• Company must obtain and document any additional customer information,
commensurate with the assessment of the money laundering risk using Risk Based
Approach;
• Company must establish whether the Customer is acting on behalf of another
natural person or legal entity as trustee, nominee or professional intermediary. In
such cases a necessary precondition for Customer acceptance is receipt of
satisfactory evidence of the identity of any intermediaries and of the persons upon
whose behalf they are acting, as well as the nature of the trust arrangements in
place.
Additional Due Diligence measures for financial institutions
• Company must undertake following additional due diligence measures while
establishing and maintaining correspondent relationships:
- Obtaining sufficient information about a respondent institution to avoid any
relationships with “shell-banks”;
- Determining from publicly available sources of information the reputation of a
respondent institution, including whether it has been subject to a money
laundering or terrorist financing investigation or other regulatory action;
- Assessing the respondent institution’s anti-money laundering and terrorist
financing controls on a periodic basis;
Monitoring and reporting of suspicious transactions/activity
• All personnel must be diligent in monitoring for any unusual or suspicious
transactions/activity basing on the relevant criteria applicable in the jurisdiction
where the Company operates;
• The reporting of suspicious transactions/activity must comply with the
laws/regulations of the respective jurisdiction;
• The Company must be informed about all suspicious
transaction/activity on a monthly basis;
Record keeping
• Records must be kept of all documents obtained for the purpose of identification
and all transaction data as well as other information related to money laundering
matters in accordance with the applicable anti-money laundering
laws/regulations;
• All records must be kept for at least 5 years.

 

 

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