TERMS OF SERVICE

MEATMIX.CA

TERMS OF USE

 

MeatMix.ca (“Meat Mix” or 10638005 Canada Inc) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.MEATMIX.CA (“WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY MEAT MIX FROM TIME TO TIME WITHOUT NOTICE OR ADVICE. FURTHER, THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS SPECIFICALLY STATED OTHERWISE, VISITING THIS PAGE PERIODICALLY IS YOUR RESPONSIBILITY TO ENSURE YOU ARE AWARE OF UPDATED TERMS OF USE.

YOUR REGISTRATION IS NECESSARY, CERTAIN PERSONAL INFORMATION IS REQUIRED TO USE THE WEBSITE AND SERVICES (DEFINED BELOW). REFER TO OUR PRIVACY POLICY SECTION FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION. THE TERMS OF WHICH FORM AN ESSENTIAL PART OF THIS AGREEMENT. YOU SHOULD NOT USE OUR WEBSITE OR SERVICES IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY.

  1. The Service: MeatMix provides a  delivery service for locally sourced meat products that allows user of the service (“Users” / “You”) to select from various combo boxes of different cuts and sizes through the Website, and then have those products delivered to you on a pre-arranged delivery date (the “Service”). All prices include the cost of shipping.. unless/ otherwise specified.
  2. Registration: To register for an account and start using Meatmix’s Services, you must be at least eighteen years old (18) and have a valid credit card. Your name, credit card information, address, cell phone number, and email address will be required to register for our services. The terms will treat any personal information that you submit during the registration process of our Privacy Policy, which you should read carefully. When you register with us, you will be required to select a password. You should choose a strong password, which you should keep secure and not share with any other person because you will be solely responsible for any activity occurring on your account.
  3. Deliveries: We may deliver products using our Vehicles, and or using trusted carrier partners such as Purolator, UPS, etc. For courier deliveries, if you will not be present, we suggest leaving a note for the driver that he can leave the box on your porch or step. Please note we do not require a signature for delivery however the driver may choose not to leave the package, instead of delivering to a local access point. Should this occur, it is your responsibility to pick up the order before the depot closes that same day. Should this not occur, MeatMix does not assume any responsibility for damages or loss of product as a result of the order not being picked up. You can, when you receive email notification of the courier delivery with a tracking number, indicate that a signature is required on delivery, however, if you are not home, the order will not be left, it will be taken to the nearest depot and held for pick up. Any items that do not require a signature for delivery, we expressly disclaim any liability or responsibility for any loss or claim if you do not receive such products. That includes the cost of procuring substitute goods. If you choose to require a signature and you are not home to receive the products and the products are returned to the distribution center, you will be solely responsible to ensure that you collect your product from the distribution center. All our products are vacuum packed and shipped in containers that will keep the products frozen for no more than twenty-four (24) hours from the shipping date (and approximately twelve (12) hours after the products first go out for delivery). In no circumstances shall MeatMix be held liable for any problems, claims, losses, injuries, illness or other damage to the products arising from your failure to retrieve them from the distribution center. It is your responsibility to ensure your product is refrigerated or frozen in the necessary amount of time after any attempted or actual delivery.
  4. User Conduct: In using our Services, you agree that you will provide Meatmix with true, correct, accurate, and up to date information when registering with us. You will also comply with these terms and all applicable laws, rules, and regulations at all times during when using our Services and any other dealings with MeatMix.5. Restrictions on Service Use: MeatMix reserves the right to access, read, preserve, and disclose any information as we reasonably trust is necessary to (a) detect, prevent, or otherwise address fraud, security or technical issues (b) satisfy any applicable law, regulation, legal process or governmental request, (c) enforce these Terms of Use, including investigation of potential violations hereof, (d) protect the rights, property or safety of our users and the public (e) respond to user support requests. To use the Website and Service, You agree that you shall not replicate any content unless explicitly permitted to do so herein, post, upload, transmit, email, otherwise make available any unlawful material, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; that You do not have a right to make available under any law or a contractual relationship; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including rights of privacy); that contains any computer code, files, programs, a virus that are meant to destroy, interrupt or limit the functionality of any software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy and or software viruses. Also, You do not have a right under any law or a contractual relationship; to interfere with or disrupt the Website or servers or networks connected to the Website, or disobey procedures, policies or regulations of networks connected to the Website or review, scan, or test the vulnerability of any system or network or breach or bypass any authentication measures or security; that may intentionally or unintentionally violate any applicable laws or regulation; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the MeatMix Website or any software provided as part of the Website, except the foregoing restrictions are expressly prohibited by applicable law. MeatMix reserves the right to limit, suspend, or terminate your access to our Website and Services with or without notice at any time for any violation written under terms of section 4 or section 5.
  5. End-User License: The Website and Services and the information and materials contained therein, are the property of MeatMix and its licensors and are protected from unauthorized copying and per the terms of this Agreement, MeatMix grants you a non-transferable, non-exclusive, license to use the Website for your personal use. Nothing in the Terms gives you a right to use the MeatMix.ca or MeatMix names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Bypassing any of the usage rules or restrictions on the Website is prohibited. Any future update, release, or other addition to functionality of the Website shall be subject to the terms of these Terms.
  6. Payments: All payments (i.e. product fees, sales tax, and shipping fees) will be automatically charged in full to your credit card on the day your subscription is due to renew, after which delivery will be arranged.
  7. No returns or refunds. We cannot accept returns of any products delivered to you, and accordingly, it is not Meat Mix’s policy to provide refunds if you are dissatisfied with the products you receive. Similarly, when an order is placed and processed by you, providing all information required to complete said transaction, no refunds and/or cancellations can or will take place for that order – whether you choose to accept delivery or not is your choice.
  8. Term: This agreement commences on the date it is entered into by you and shall continue until terminated by one of the parties by these Terms of Use.
  9. Feedback: If you provide MeatMix with any suggestions, comments, or other feedback relating to any aspect of the Website and/or Service (“Feedback”), MeatMix may use such Feedback in the Website or any other MeatMix products or services (collectively, “MeatMix Offerings”). Accordingly, You agree that: (a) MeatMix is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MeatMix, (c) MeatMix (including all of its successors and assignees and any successors and assignees of any of the MeatMix Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MeatMix Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from MeatMix or any of the other users of the Website in respect of the Feedback.
  10. Advertising: You acknowledge and agree that our Website may contain advertisements, and if you decide to have any business dealings with anyone whose products or services may be advertised on our Website, you understand and agree that such dealings are solely between you and such advertiser. Also, you further acknowledge and agree that MeatMix shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be solely responsible for obtaining access to such websites and acknowledge that such access may involve third-party charges/fees (such as Internet service provider access or data fees) for which you shall be solely responsible. It is your responsibility to determine whether any information or materials, if any, downloaded from the Website are free of viruses, Trojan Horses, or other items of a potentially destructive nature. MeatMix will not be responsible for any loss you may incur by using such websites.
  11. Links & Third-Party Websites: This Website may contain links to other websites that are not owned or controlled by the Meatmix. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by MeatMix of that third party, third party product or service. As such, MeatMix is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them, independent of your use of our Website. The presence on the Website of a link to any other website(s) does not imply that MeatMix in any way endorses or accepts any responsibility for the content or use of such websites, and You hereby release MeatMix from any liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
  12. Products Disclaimer: MeatMix provides a distribution and delivery service for the products sold on our Website. We purchase all these products from third party suppliers and we do not produce any of the products that are available for purchase on our Website. Therefore, while we evaluate our third party suppliers according to certain criteria, we must declare that we do not control the preparation of the products by our third-party suppliers and do not inspect or test the products we sell on our Website. We make no warranties or representations about the quality or fitness of the products received by you. We encourage you to inspect the quality of the product received, use common sense and judgment before consuming any of our products, and to exercise care in preparing the products for consumption. MeatMix expressly disclaims any liability or responsibility for any claim, loss, injury, illness, harm, or other damage that may arise as a result of your consumption of the products. Once delivered, you are solely responsible for preparing the products, including but not limited to, ensuring meat products are properly cooked. You understand and acknowledge that consuming raw or undercooked meat can lead to an increased risk of foodborne illness(es) and you further understand and agree that you acknowledge and agree that MeatMix shall not be liable or responsible in any way for any claim, injury, loss, harm, illness or any other damage that may arise as a result of your preparation of the products purchased through our website.MeatMix also expressly disclaims any claims, losses, damage, injury, illness, or other harms that may arise as a result of damage to the products after they have been delivered to a carrier and while they are in transit unless such a claim is the result of defective packaging of the products.
  13. DISCLAIMER OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS – The Website and its services, along with all materials presented therein are provided and are understood to be provided in an “as is” condition. MeatMix specifically disclaims all representations, warranties, and conditions; either express, implied, statutory, by use of trade, course of dealings or otherwise; including but not limited to any implied or otherwise offered warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information downloaded or otherwise obtained through the use of the Website is to be done at Your discretion, risk and with the understanding that sole responsibility for any damage to any computer system, loss of data, or any other loss that may or may not come from downloading or using any such material lies with You. MeatMix does not, under any circumstances, warrant, endorse, guarantee or provide any conditions, representations, or assume any responsibility for any product or service that may be advertised or offered by any third party through the Website, nor does the Company assume any responsibility in respect to any website that can be reached from a link on our Website, featured in any banner or other advertising on our Website. Further, MeatMix shall not, in any way, be a party to any transaction or agreement that you may undertake or enter into with any such third party. MeatMix shall not be considered nor held liable for any type of content that may be exchanged through any third party service.
  14. LIMITATION OF LIABILITY: Under NO circumstances shall MeatMix be liable for any indirect, incidental, special, consequential, exemplary or any other form of damages whatsoever, including, without limitation of any kind, damages that result from –
    • Your use or your inability to use our Website or our Service.
    • The cost of procurement of substitute goods, data information, or services.
    • Errors, inaccuracies, or other mistakes in the materials on our Website.
    • Personal injury or property damage of any kind arising from or relating to your use of our Website – including, but not limited to, any bugs, viruses, Trojan horses or any files or data that may be harmful to your computer or other communication equipment or data that may have been transmitted to or through our Website.
    • Any errors or omissions in any material on our Website, or any other loss or damage of any kind as it relates to your use of our Website.
    • Any damages that may occur to the goods while in transit, after having been delivered to an independent carrier.
    • Any product liability claims arising in direct connection to the products, including, but in no way limited to, the product being considered fit for consumption. This limitation shall apply even if MeatMix has been apprised of the possibility of such damages.

Notwithstanding anything stated to the contrary herein, the Company’s liability to You for any damages arising from or related to this agreement; for any cause whatsoever and regardless of the chosen form of action; will, at all times, be limited to the greater of i) $20 funds or ii) the amounts you have paid to Meat mix in the previous term of 6 calendar months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

  1. INDEMNIFICATION: You do understand, as a condition of site use, that you do indemnify and hold MeatMix.ca and all of its subsidiaries, affiliates, officers, agents and employees harmless, not responsible from and for all claims, actions, proceedings, demands, damages, losses, costs and expenses (including any reasonable attorney’s fees) You may incur in connection with any materials submitted, posted, transmitted or made available by You through the Website and/or any violation by You of these terms of service.
  2. Termination: MeatMix may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with MeatMix (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to MeatMix), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include the removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by MeatMix in its sole discretion and that MeatMix shall not be liable to you or any third party for any termination of your access to this Website or the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by MeatMix shall be in addition to any other rights and remedies that MeatMix may have.
  3. Availability & Updates: MeatMix does reserve the right to alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. From time to time our Website and Service may be unavailable due to maintenance or malfunction of the computer or network equipment or other reasons. MeatMix may periodically update the information and materials on this Website without notice, including, but not limited to, products, pricing, shipping terms and Terms of Use.
  4. Security: MeatMix does not offer any warranty or make any representation concerning security over Information sent or received over the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MeatMix can not be liable for any loss or damage arising from your failure to comply with these requirements.
  5. Survival: In addition to Sections 14, 15, 16, and 17, all representations, warranties, and conditions made by you in these terms of use shall survive the termination of these terms of use. Unless it is explicitly recognized as terminating elsewhere in these terms of use, all payment obligations incurred by you before the completion of these terms of use shall survive their termination and all licenses granted by you in these terms of use shall survive their termination.
  6. General: Any privacy policy that may be published on our Website together with these terms of use, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by MeatMix. Under these terms of use, if any part is held to be unlawful, unenforceable, or void, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of MeatMix to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by MeatMix must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Meat Mix’s prior written consent. Except as and unless expressly provided in this Agreement, all amounts in this Agreement are stated and shall be paid in Canadian currency. The parties here have requested that this Agreement be drawn up in the English language. This agreement shall be governed by and construed following the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
    If you have any questions about these Terms or if you wish to make any complaint or claim concerning the MeatMix Website or Service, please contact us at [email protected]

Effective Date: Mar 1st, 2020

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