Purchase Terms and Conditions
This agreement (the “Agreement”) is a contract between you (“you”) and Kids Lunch Service Corp. (“Kids Lunch Service”, “us”, “we”, “our” or the “Company”) concerning the conditions associated with the ordering and receiving of kids lunches, consisting of main, side, and sweet items, (the “Products” or the “Lunch Delivery Service”, as applicable) made available through your use of the website “kidslunchservice.com”, any subdomain and any other platform (including any mobile applications) in relation thereof (the “Website” and together with the Products and the Meal Delivery Service, the “Service”).
The purpose of the Service is to provide you with kids lunches which may change from week-to-week as per your subscription plan or your preferred selection. Please read all of the following terms and conditions carefully before using the Service.
By accessing the Website, using the Service or selecting “I Agree” upon creating your Kids Lunch Service Account (as defined below), you agree to all the terms and conditions stated in the Agreement. If, at any time, you do not or cannot agree to the terms of the Agreement, you must cease using the Service by cancelling your subscription (or modify your ordering plan or preference) in the manner described herein. You also agree to receive promotional information regarding (1) the Services and (2) SMS status on the delivery of your orders. Furthermore, you acknowledge and agree that Fees and Plans (as defined below) are subject to change at any time.
The term “Residents of Québec” refers to residents of the province of Québec who enter into a contract to which the Consumer Protection Act (Québec) applies.
Eligibility for use of the Services and Placing an Order
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (c) do not have more than one account to use the Services (a “Kids Lunch Service Account”), and (d) have full power and authority to enter into the Agreement and in so doing will not violate any other agreement to which you are a party.
Terms of Sale, Subscriptions Plans and other Plans
The Services are offered by way of weekly subscription plans (“Subscription Plan”) or other alternative ordering plan such as customizing your order (“Plan”). The various options available are set out below.
Weekly Subscription Plans
When you choose the weekly Subscription Plan, you agree that Kids Lunch Service (or a third party payment processor authorized by us) is authorized to charge your credit card for: (1) a minimum weekly fee (based on your basket selection when opening your Kids Lunch Service Account) based on our pricing model (as more fully described in Section 3 below). You also agree that we are authorized to charge your credit card until such time that your subscription is cancelled. Should you wish to “skip” a week or cancel your subscription, you must provide us notice on or before Wednesday before midnight.
Pricing & Fees
All prices shown are in Canadian dollars. Prices are exclusive of all applicable taxes (including Federal and Provincial goods and services, sales or other taxes on consumption or services).
Sales taxes, where applicable, will be added to your order total for Products based on your Plan and your province of residence. The final amount charged to you (inclusive of all taxes) will be detailed at the checkout page of your order.
The total price of your order, at checkout, may include GST/HST, where applicable, at the rate applicable when placing your order and based on your province of residence.
We accept no liability to complete any transaction which cannot be cleared by our payment processor, including but not limited to insufficient credit limit on your credit card. If such a situation should occur, you will receive an error message and the transaction will be denied and cancelled. In addition, we may suspend your Kids Lunch Service Account and/or contact you for an alternate valid credit card. Any suspension does not relieve you from your obligation to pay any fees owed to us.
Please consult your Kids Lunch Service Account and details provided in your order at final checkout page of your order for more information on the pricing and applicable taxes, for each order. You acknowledge being bound by the terms and conditions of the Plan you have selected, including all fees in connection thereto. Details of fees for each available Plan are described in table below:
Pricing Models & Fees
Weekly subscription at a cost of $39.99 plus applicable fees as described in the checkout.
*Fees and Plans are subject to change at any time.
If you are dissatisfied with any Product or ingredient you receive in your delivery, please contact us at email@example.com within five (5) days of receiving your order. We will provide a Credit (as defined below) to your Kids Lunch Service Account for the equivalent value of the Products you are not satisfied with. We may require you keep the item and/or provide photographic documentation of the item you are dissatisfied with. You are responsible for inspecting items upon their delivery for any damage or other issues including but not limited to the freshness of the Products you receive. Ingredients should be delivered to you in a cool and refrigerated condition, below 4°C. Although unlikely, if you have any reason to believe that a Product in your delivery is not suitable for consumption, please contact us immediately at firstname.lastname@example.org.
We do not currently deliver lunches to every region in Canada. You can find out if we ship to your area by signing up and you will be notified once we start shipping to your specified address.
Kids Lunch Service generally uses third party services for shipping and therefore all Products purchased are made pursuant to a shipping contract whereby the title to and the risk of loss of such products passes to you upon delivery of the Products to you. Following the delivery, the condition and consumption of the Products are at your own risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, use and consumption of the Products. Kids Lunch Service is not responsible or liable for any action(s) or inaction(s) of such third parties and/or its agents and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a third party.
Shipping times and dates are estimates and actual delivery times may vary due to weather conditions and other factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will attempt to deliver your Products the following day. In the event that we remain unable to deliver your Products on the day which follows your originally scheduled delivery day, we will issue you a credit for the purchase price of that order. You are responsible for the total value of your order if we are unable to complete the delivery at your confirmed address at the specified day due to reasons caused by you.
We consider the Products delivered when the third-party courier service arrives, and surrenders custody of the Products in accordance with the delivery instructions you have specified in your Kids Lunch Service Account. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no one present at the address specified in the delivery instructions we will leave the package unattended at the address you have specified. You are responsible for ensuring the completeness of the delivery instructions provided to us.
You are responsible for inspecting all Products received for any damage or other issues upon their delivery to you. You are responsible for determining the freshness of the Products you receive. You should use a thermometer to confirm that the internal temperature of any meat, poultry, fish, seafood or other perishable ingredients are in cool and refrigerated condition below 4°C. Should the Products not be fresh upon their delivery to you, please let us know and we will handle the matter in accordance with our return policy.
You are responsible for the Products as of the moment when the courier gives up custody of the Products in accordance with the instructions in your Kids Lunch Service Account. You are responsible for a Product degradation as a result of any events (including the passage of time) after the delivery of the Products. Please keep in mind the season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly. You are responsible for the Products as of the moment the courier delivers the Products to the address indicated on your order. Please make sure there is someone to attend to the deliveries and store the Product accordingly, upon delivery.
Upon reception and following inspection of any delivered Products, you must immediately refrigerate all perishable items and are responsible for following refrigeration, food safety, safe food handling instructions and food consumption recommendations from the Ministry of Agriculture, Fisheries and Food of Québec (MAPAQ) (or in Ontario, Ministry of Agriculture, Food and Rural Affairs, OMAFRA) & Canadian Food Inspection Agency (CFIA) to reduce risks of foodborne illnesses including such recommendation for at-risk groups (i.e., pregnant women, young children, elderly and individuals with compromised immune systems). You should use a food thermometer to ensure that all meat, poultry, fish, seafood and other applicable items are cooked at recommended internal temperatures.
We may from time-to-time designate certain locations as “pick-up points” where you can collect the Products. Should you choose to receive your Products at a pick-up point, we will consider the products delivered when they are made available to you for pick-up at the specified pick-up point. You are responsible for collecting your Products within the timeframe specified in your shipping confirmation.
We may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of Products (each a “Special Offer”). The terms of a Special Offer shall be contained or otherwise transmitted therewith and otherwise governed accordingly. From time-to-time, a Special Offer may consist of a promotion for a free lunch(es) upon the opening of a Kids Lunch Service Account or re-subscribing to a Subscription (a “Free Kids Meal Special Offer”).
Should you take advantage of a Free Meal Special Offer, and such Free Meal Special Offer ends, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription Plan (plus any applicable taxes) for as long as your Subscription Plan continues, unless you cancel your Subscription Plan prior to the end of the Free Meal Special Offer. Instructions for cancelling your Subscription Plan are described herein. Please note that you may not receive a notice from us that your free meal special offer has ended or that the fully paid portion of your Subscription Plan has begun.
As a result of certain situations, we may issue you credits of a promotional value that will be automatically applied to future purchases made by way of your Kids Lunch Service Account or otherwise applied to your Subscription, as applicable (the “Credits”). Credits are promotional in nature, are not transferable, may only be redeemed as instructed by us and are not exchangeable for cash or other property. Credits only remain available if you maintain an active Kids Lunch Service Account. Cancelling your Kids Lunch Service Account will result in the cancellation of your Credits. You may only redeem Credits after they are applied to your Kids Lunch Service Account. Any decision made by us regarding a dispute as to your Credit balance is final.
You may cancel your Kids Lunch Service Account or your Subscription Plan at any time by contacting our Member Happiness team either via our live chat, by email (email@example.com) or by phone at 1.403.991.7090 (Monday to Friday from 9AM to 5 PM MST. The Company also reserves the right to suspend or end the Service if you in breach of the Agreement, or for any other reasons deemed serious.
Disclaimer of Warranty and Limitation of Liability
EXCEPT FOR RESIDENTS OF QUÉBEC, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
EXCEPT FOR RESIDENTS OF QUÉBEC, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT COMPANY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THE AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Kids Lunch Service harmless, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service as well as the Kids Lunch Service Account in relation therewith.
Kids Lunch Service may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Kids Lunch Service’s obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty or cancellation indemnity by sending Kids Lunch Service a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of the Agreement, the automatic deactivation of your Kids Lunch Service Account and denial of access to the Service.
The Agreement is governed by and construed by the laws of the Province of Québec, Canada and the laws of Canada applicable therein. Parties hereby irrevocably submit and attorney to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
The Agreement is the entire and exclusive agreement between Kids Lunch Service and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between Kids Lunch Service and you regarding the Service. Except that the Agreement may be supplemented by the terms of any Special Offer we may make to you.
You shall not assign or otherwise transfer the Agreement or any of its rights or obligations hereunder to any third party without our prior written consent which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under the Agreement. Subject to the foregoing, the Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Kids Lunch Service shall be allowed to assign the Agreement to any third party without requiring your consent.
Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.If a particular provision of the Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from the Agreement and shall not affect the validity of the Agreement as a whole.
The Parties have expressly requested that the Agreement be drawn up in English and that all modifications thereof can be made in this language.