Terms of Use

TERMS OF USE

Last updated: September 1, 2026

These Terms of Use apply to your use of the websites, online stores, fundraising platforms and other online services operated by or on behalf of 2558319 Ontario Inc., carrying on business as Mitchell’s Soup Co. and offering products under the Mitchell’s Soup Co. and Earth & Plow brands.

In these Terms, “Mitchell’s,” “we,” “us” and “our” refer to 2558319 Ontario Inc. “Website” means our websites, online stores, fundraising platforms and related online services.

By accessing or using the Website, you agree to these Terms. If you do not agree with them, please do not use the Website.

1. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Website, business practices or legal obligations.

The revised Terms will be effective when posted on the Website. The date at the top of the Terms shows when they were last updated.

Your continued use of the Website after revised Terms are posted means that you accept the revised Terms.

2. Using the Website

You may use the Website for lawful personal or business purposes connected with learning about, purchasing or promoting Mitchell’s products or participating in an authorized Mitchell’s fundraising program.

You must not:

use the Website for an unlawful, fraudulent or misleading purpose;
interfere with the operation, security or integrity of the Website;
attempt to gain unauthorized access to the Website, user accounts or related systems;
introduce viruses, malicious code or other harmful material;
use automated tools to scrape, extract or reproduce Website content without our permission;
impersonate another person or misrepresent your relationship with an individual or organization;
use the Website in a way that infringes the rights of Mitchell’s or another person; or
assist another person in doing any of these things.

We may restrict or suspend access to the Website where we reasonably believe that a person has breached these Terms, misused the Website or created a security or operational risk.

3. Website Accounts

Some Website features may allow or require you to create an account.

You are responsible for:

providing accurate and current account information;
keeping your login credentials confidential;
taking reasonable steps to prevent unauthorized use of your account; and
activity occurring through your account, except where caused by our failure to use reasonable safeguards.

Please notify us promptly if you believe your account or login information has been compromised.

We may suspend or close an account where reasonably necessary to protect the Website, Mitchell’s, our customers or other users.

4. Website Information

We make reasonable efforts to ensure that information on the Website is useful, accurate and current. However, Website content may occasionally contain errors, omissions or outdated information.

Product descriptions, photographs, packaging, prices, availability and other Website content may change without notice.

Images are provided for general illustration. Actual product appearance, packaging, colour or presentation may differ.

We may correct Website errors or update Website content at any time.

5. AI-Assisted Information

Mitchell's may make available AI-assisted tools, including virtual assistants or chat features, to help answer general questions about our products, fundraising programs and Website.

While we strive to ensure that information provided by these tools is helpful and accurate, AI-generated responses may occasionally be incomplete, inaccurate or outdated.

AI-generated information is provided for general assistance only and should not be relied upon as the sole source of information regarding:

ingredients;
allergens;
nutrition information;
preparation instructions;
product availability;
pricing; or
order-specific questions.

The information appearing on product packaging and direct communications from Mitchell's take precedence. Customers are encouraged to contact Mitchell's if clarification is required.

6. Product Information, Ingredients and Allergens

Product formulations, ingredients, suppliers, packaging and labelling may change from time to time.

Information shown on the Website is provided for general information. The information appearing on the physical product label should be treated as the current and authoritative source for:

ingredients;
allergens;
nutrition information;
preparation instructions;
storage instructions; and
other product-specific information.

If Website information differs from the information on the product label, please rely on the product label.

You are responsible for determining whether a product is suitable for your individual needs.

If you have a food allergy, intolerance, medical condition or other specific dietary concern, please:

carefully review the product label before using the product;
do not rely solely on Website descriptions, search tools, AI-generated responses, recipes or search results; and
contact us directly if you require clarification.

Website content is not medical, nutritional or other professional advice.

7. Intellectual Property

The Website and its content are owned by or licensed to Mitchell’s and are protected by copyright, trademark and other intellectual property laws.

Protected content may include:

the Mitchell’s Soup Co. and Earth & Plow names and branding;
trademarks and logos;
product names;
recipes and preparation materials;
photographs and graphics;
packaging and label designs;
Website text and product descriptions;
videos and promotional content; and
the arrangement and design of the Website.

You may view and use Website content for your personal, non-commercial use or for participation in an authorized Mitchell’s fundraising or wholesale program.

Unless we provide written permission, you may not:

copy or reproduce Website content for commercial use;
modify, distribute, publish, sell or license Website content;
use our trademarks, logos or product images in a way that suggests an unauthorized relationship with Mitchell’s;
remove copyright, trademark or ownership notices; or
create derivative works based on Website content.

Authorized fundraising organizations, retailers and wholesale customers may use materials we provide for the specific program or business purpose for which the materials were supplied, subject to any additional instructions or agreements.

8. User Content

The Website may allow you to submit or provide reviews, ratings, comments, photographs, recipes, suggestions, testimonials or other content.

We refer to this as “User Content.”

You remain responsible for your User Content.

By submitting User Content, you give Mitchell’s a non-exclusive, worldwide, royalty-free, perpetual and transferable licence to use, reproduce, adapt, publish, translate, display, distribute and create derivative works from that content for our business, advertising, promotional and communications purposes.

This licence does not apply to personal information except as described in our Privacy Policy.

You confirm that:

you own the User Content or have permission to provide it;
our permitted use of the User Content will not infringe another person’s rights; and
the User Content complies with these Terms.

You must not submit content that:

is false, deceptive or misleading;
infringes copyright, trademark, privacy or other legal rights;
contains another person’s personal information without appropriate authority or consent;
is defamatory, threatening, harassing, hateful, obscene or unlawful;
promotes unauthorized goods, services or solicitations;
contains spam, malicious code or harmful files; or
violates applicable law.

We may review, refuse, edit or remove User Content at our discretion, but we are not required to monitor all User Content.

9. Online Orders

Invitation to Purchase

Products and prices displayed on the Website are invitations to place an order and are not binding offers to sell.

When you submit an order, you are offering to purchase the products in your order.

An automated email or screen confirming that we received your order is an acknowledgement of receipt. It does not necessarily mean that we have accepted the order.

We accept an order when we process it for fulfillment or otherwise confirm acceptance.

Order Information

You are responsible for providing complete and accurate:

contact information;
billing information;
delivery information;
product selections; and
other information needed to process the order.

Please review your order carefully before submitting it.

Availability

All products are subject to availability.

We may limit quantities purchased per person, household, organization or order.

We may also decline or cancel an order where reasonably necessary, including because of:

insufficient inventory;
a pricing or product-description error;
incomplete or inaccurate order information;
payment authorization problems;
suspected fraud or unauthorized activity;
shipping or delivery limitations;
a Website or technical error; or
other operational circumstances that prevent us from reasonably fulfilling the order.

If we cancel all or part of an order after payment has been processed, we will refund the amount paid for the cancelled portion using the original payment method or another appropriate method.

Prices and Taxes

Unless otherwise stated:

prices are shown in Canadian dollars;
applicable taxes are added at checkout; and
shipping, handling or other applicable charges are identified before you complete the order.

We may change prices at any time. A price change will not ordinarily affect an order that we have already accepted, except where the displayed price resulted from an obvious error.

Payment

By submitting an order, you:

authorize payment using the payment method selected at checkout;
confirm that you are authorized to use that payment method; and
authorize our payment processor to process the transaction.

Payments are processed through third-party payment service providers. Their terms and privacy practices may also apply to the transaction.

We are not required to fulfill an order where payment is declined, reversed or not successfully completed.

10. Shipping and Delivery

Shipping and delivery estimates are provided in good faith but are not guaranteed unless applicable law requires otherwise.

Delivery may be affected by matters outside our reasonable control, including:

carrier delays;
severe weather;
transportation disruptions;
labour interruptions;
incorrect delivery information;
remote delivery locations; or
other unforeseen events.

Responsibility for a shipment may pass to you when the order is delivered to the address provided or as otherwise determined by applicable law.

Please contact us within 72 hours if an order:

does not arrive;
arrives incomplete;
contains the wrong product; or
appears to have been affected by a fulfillment error.

11. Returns, Credits and Refunds

Due to the nature of our products and the cost of shipping, Mitchell’s does not accept returns of products purchased through our online store.

If you believe a product is defective or there has been an error with your order, please contact us within 72 hours at customerservice@mitchellssoupco.com.

Where appropriate, Mitchell’s may provide a replacement product, store credit or refund.

Any remedy will depend on the circumstances, the nature of the concern and applicable law.

This section applies to retail purchases made through our online store. Wholesale purchases and other commercial transactions may be governed by separate terms, agreements or business arrangements.

Nothing in these Terms limits any non-waivable right or remedy available under applicable consumer protection law.

12. Fundraising Programs

Mitchell’s may provide online tools and services for schools, youth organizations, community groups and other organizations conducting authorized fundraising campaigns.

Fundraising programs may involve:

fundraising organizers;
participating organizations;
individual participants;
parents or guardians;
supporters and purchasers;
designated contacts; and
third-party fundraising service providers.

Information entered through a fundraising program must be accurate and provided only by a person authorized to provide it.

Where you provide another person’s contact information, you are responsible for ensuring that you have appropriate authority or consent to provide that information for the fundraising purpose.

Certain information about participants, supporters, orders and campaign activity may be made available to the applicable fundraising organizer or participating organization as reasonably necessary to administer the campaign.

Fundraising purchases, delivery arrangements, campaign timelines, credits and payments may be subject to additional program-specific instructions or terms.

Fundraising organizers and participants must not:

use fundraising information for an unrelated purpose;
make misleading statements about Mitchell’s or its products;
alter Mitchell’s product, pricing or promotional information without authorization;
send unlawful or unauthorized communications; or
represent themselves as employees, agents or legal representatives of Mitchell’s.

Mitchell’s may suspend or end participation in a fundraising program where reasonably necessary to address misuse, security concerns, inaccurate information or non-compliance with program requirements.

13. Promotions and Special Offers

Contests, discount codes, promotions, giveaways or special offers may be subject to additional rules or conditions.

Where additional rules conflict with these Terms, the rules specific to the promotion will apply to that promotion.

Promotions may be:

available for a limited time;
restricted by product, location, customer or order type;
subject to quantity limits;
unavailable for combination with other offers; or
changed or withdrawn where permitted by law.

14. Third-Party Websites and Services

The Website may contain links to or rely on services provided by third parties, including:

payment processors;
shipping providers;
e-commerce providers;
fundraising platforms;
social media platforms;
analytics services;
advertising and marketing services; and
customer service or communications tools.

A link to a third-party website does not mean that Mitchell’s controls or endorses that website.

Third-party services may be subject to their own terms and privacy practices. We encourage you to review those terms and policies before using the service or providing information.

Mitchell’s is not responsible for the content, operation, security or privacy practices of an independently operated third-party website or service.

15. Privacy and Cookies

Our collection, use and disclosure of personal information are described in our Privacy Policy.

Our use of cookies, pixels and similar technologies is described in our Cookie Notice.

By using the Website, you acknowledge that these documents form part of the information governing your interaction with Mitchell’s.

16. Availability of the Website

We aim to keep the Website available and functioning properly. However, we do not guarantee uninterrupted or error-free access.

We may temporarily restrict or suspend all or part of the Website to:

perform maintenance;
make improvements;
address security concerns;
respond to technical problems; or
comply with legal requirements.

We are not responsible for delays or interruptions caused by events outside our reasonable control.

17. Disclaimers

To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis.

We do not guarantee that:

the Website will always be available or free from errors;
Website content will always be complete or current;
the Website will be free from viruses or other harmful components; or
the Website will meet every user’s particular needs.

These disclaimers do not limit obligations or warranties that cannot legally be excluded.

18. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including any non-waivable rights available under consumer protection law.

To the fullest extent permitted by applicable law, Mitchell’s and its directors, officers, employees, agents and contractors will not be responsible for indirect, incidental, special, consequential or punitive losses arising from:

use of or inability to use the Website;
reliance on general Website information;
unauthorized access to an account resulting from a user’s failure to protect login information;
third-party websites or services; or
events outside our reasonable control.

This limitation does not apply to liability for bodily injury caused by a product where that liability cannot lawfully be excluded or limited.

19. Indemnity

You agree to indemnify and hold harmless Mitchell’s and its directors, officers, employees, agents and contractors from reasonable claims, losses, liabilities, damages and legal costs arising from:

your unlawful use of the Website;
your material breach of these Terms;
User Content that infringes another person’s rights; or
personal information about another person that you provide without appropriate authority or consent.

This indemnity does not apply to the extent that the claim or loss was caused by Mitchell’s own negligence, wilful misconduct or breach of applicable law.

20. Electronic Communications

When you communicate or transact with us electronically, you agree that we may respond and provide transaction-related information electronically.

Transaction-related communications may include:

order confirmations;
payment or fulfillment updates;
delivery information;
customer service responses;
account notices; and
fundraising administration messages.

Marketing communications are addressed separately in our Privacy Policy and may be withdrawn or unsubscribed from as described in the communication or applicable law.

21. Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Subject to any rights you may have under applicable consumer protection law, disputes relating to these Terms or the Website will be determined by the courts of Ontario.

22. General Provisions

If part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

Our failure to enforce a provision does not waive our right to enforce it later.

These Terms, together with any additional terms expressly applicable to a purchase, promotion or fundraising program, form the agreement between you and Mitchell’s concerning your use of the Website.

A person who is not a party to these Terms has no right to enforce them, except where these Terms expressly provide otherwise.

23. Contact Us

Questions about these Terms, an online order or use of the Website may be directed to:

Mitchell’s Soup Co.
2558319 Ontario Inc.
7B – 516 John Street North
Aylmer, Ontario N5H 0A6
Canada

Email: customerservice@mitchellssoupco.com