Date: January 2020
PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE FOODIVA MEALS OFFERINGS IN ANY MANNER OR FORM.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to ‘Foodiva Meals’. Throughout the Website, the terms “we”, “us”, and “our” refer to Foodiva Meals. These terms and conditions (this “Agreement”) govern when you:
- Access or use the Foodiva Meals website or any other online Foodiva Meals platform (collectively, the “Site”).
- Access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Website (collectively, “Content”).
- Sign up to receive the Foodiva Meals subscription food-delivery service (the “Foodiva Meals Subscription Service”), and/or any other products or services offered by Foodiva Meals from time to time (collectively, with the Foodiva Meals Subscription Service, the “Foodiva Meals Service”).
- Access links to Foodiva Meals social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”).
- Enter one of the sweepstakes, contests and/or other promotions offered or conducted by Foodiva Meals from time-to-time (collectively, “Promotions”).
- Utilize the many interactive features of the Website designed to facilitate interaction between you, Foodiva Meals and other users of the Website, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Website, as applicable (collectively, the “Interactive Services” and together with the Website, Content, Foodiva Meals Service, Social Media Pages and Promotions, the “Foodiva Meals Offerings”).
We may modify this Agreement from time to time at our sole discretion. When changes are made, we will notify you by making the revised version available on this Website, and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of the Foodiva Meals Offerings after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Foodiva Meals Offerings.
SECTION 1: ELIGIBILITY
By using the Foodiva Meals, you represent that you are at least eighteen (18) years of age (or the applicable age of majority if greater than eighteen (18) years of age in your jurisdiction), have the requisite power and authority to enter into the Agreement and perform your obligations hereunder, and you have given us your consent to allow any of your minor dependents to use this Website.
SECTION 2: REGISTRATION
Foodiva Meals reserves the right to withdraw or amend the Foodiva Meals Offerings, and any service or material we provide on the Site, or Social Media Pages, in its sole discretion without notice. Foodiva Meals will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Foodiva Meals may restrict access to some parts of the Foodiva Meals Service, or the entire Foodiva Meals Service, to users, including registered users.
SECTION 3: ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Foodiva Meals Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 4: GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- Transmissions over various networks.
- Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Foodiva Meals Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
SECTION 5: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete sources of information. Any reliance on the material of this Website is at your own risk.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels of our meal containers. Foodiva Meals does not guarantee the accuracy of any nutritional information provided by Foodiva Meals. We will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that excluding categories from your profile does not guarantee that your meals will exclude certain food product ingredients which may contain those products. As such, you should always check the ingredients associated with any products that you receive from Foodiva Meals to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Blog posts and other Content on the Website may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Foodiva Meals Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Foodiva Meals or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
The Website contain Content which includes, but is not limited to, information pertaining to the Foodiva Meals, as well as regularly updated blog posts and third-party links. The Content is offered for information purposes only and is at all times subject to the disclaimers contained herein, and on the Website.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 6: FOODIVA MEALS BILLING
All Foodiva Meals Plans are one-time charge plans. You are only charged the applicable price listed for the Plan at the time of your Plan selection. If you wish to cancel your Plan, you can do so at any time as described in the “Cancel” section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order.
Foodiva Meals may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in accordance with the “Notice” section of this Agreement. Price and Plan changes will take effect immediately on the date and time at which Foodiva Meals posted the information on the Website. By continuing to use the Foodiva Meals Service after the effective date and time of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by stop using our service. Please make sure that you read any notifications of price or Plan changes carefully.
Applicable taxes and delivery charges will be charged on your order based on provincial and federal laws.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.
YOU AUTHORIZE US (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY FOODIVA MEALS OFFERINGS PURCHASED BY YOU FROM TIME TO TIME, PLUS ANY APPLICABLE TAXES AND DELIVERY. EVERY TIME THAT YOU USE THE FOODIVA MEALS SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT FOODIVA MEALS IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and delivery addresses, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7: CANCELING A PLAN
Following your Plan selection and placement and receipt of your order, you may cancel your chosen Plan at any time prior to the weekly cut-off date (every FRIDAY midnight) online by managing your account at www.foodivameals.ca, or by emailing us at email@example.com.
To avoid being charged for placed orders that you no longer wish to receive in the event of a Plan cancellation, you must cancel prior to upcoming (Friday midnight) from the date when you placed your order, which is emailed to you each time you make a purchase and also displayed on Deliveries.
If you cancel a Plan before receiving your order, your order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on any promotions applied. You will be notified at the time of cancel if any of your charged orders will be cancelled and refunded. To confirm, email us at firstname.lastname@example.org.
SECTION 8: PRODUCTS OR SERVICES
Products or services available exclusively online through our Website subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Please Note: Foodiva Meals food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, soy, and tree nuts.
SECTION 9: DELIVERY
We use self-employed delivery drivers, to deliver your meal packages. Meals are delivered twice a week, every (Friday and Sunday) between 5:00 pm – 8pm. It is very important that you provide us with the proper address information and any special instructions that the delivery driver may need.
SECTION 10: CONTENT
The Website contain Content which includes, but is not limited to, information pertaining to the Foodiva Meals Offerings, as well as regularly updated blog posts and third-party links. The Content is offered for informational purposes only and is always subject to the disclaimers contained herein, and on the Website.
SECTION 11: INTERACTIVE SERVICES
Subject to the restrictions set forth herein, the Interactive Services will allow users to participate in comment sections and other interactive areas of the Website. Each user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that Foodiva Meals shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Foodiva Meals does not monitor the Feedback submitted by users, and operates the comment sections of the Website as a neutral host. The Interactive Services contain Feedback that is provided directly by users. You agree that Foodiva Meals shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Foodiva Meals does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Foodiva Meals reserves the right to remove any Feedback from the Website at any time and for any reason, in Foodiva Meals sole discretion.
You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the Foodiva Meals Offerings, you agree not to:
- Display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party.
- Display any audio files, text, photographs, videos or other images containing confidential information.
- Display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law.
- Impersonate any person or entity.
- “Stalk” or otherwise harass any person.
- Engage in unauthorized advertising to, or commercial solicitation of, other users.
- Transmit any chain letters, spam or junk e-mail to other users.
- Express or imply that any statements that you make are endorsed by Foodiva Meals, without Foodiva Meals specific prior written consent.
- Harvest or collect personal information of other users whether or not for commercial purposes, without their express consent.
- Use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or its respective content.
- Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Remove any copyright, trademark or other proprietary rights notices contained in the Website.
- Interfere with or disrupt the Website and/or the servers or networks connected to same.
- Post, offer for download, e-mail or otherwise transmit any material 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.
- Post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks.
- “Frame” or “mirror” any part of the Website without Foodiva Meals prior written authorization.
- Use metatags or code or other devices containing any reference to any Foodiva Meals Offerings in order to direct any person to any other mobile application or website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Foodiva Meals Offerings or any software used in or in connection with Foodiva Meals Offerings.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the Website without notice, in the sole discretion of Foodiva Meals. Foodiva Meals reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
You are solely responsible for anything you may post on the Interactive Services. Foodiva Meals will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Interactive Services.
Foodiva Meals is not responsible for, and does not endorse, content in any posting made by other users on the Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Interactive Services. Under no circumstances will Foodiva Meals be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Interactive Services. If you become aware of any misuse of the Website by any person, please contact Foodiva Meals at email@example.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Foodiva Meals has the right to remove any user contributions from the Interactive Services for any or no reason. Foodiva Meals reserves the right to take necessary legal action against users.
Foodiva Meals may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Foodiva Meals has the right to cooperate with any law enforcement authorities or court order requesting or directing Foodiva Meals to disclose the identity or other information of anyone posting any materials on or through the Interactive Services.
YOU WAIVE AND HOLD FOODIVA MEALS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOODIVA MEALS, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY FOODIVA MEALS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Foodiva Meals does not undertake to review any materials before you have posted them on the Interactive Services and cannot ensure prompt removal of objectionable material after it has been posted. Foodiva Meals assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Foodiva Meals shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Foodiva Meals has the right to terminate your account and your access to the Interactive Services for any reason, including, without limitation, if Foodiva Meals, in its sole discretion, considers your use to be unacceptable. Foodiva Meals may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Interactive Services.
SECTION 12: FOODIVA MEALS INTELLECTUAL PROPERTY
The Website, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “Foodiva Meals Materials”), are the sole and exclusive property of, or duly licensed to, Foodiva Meals. The Foodiva Meals Materials are copyrighted as a collective work under the laws of Canada and other copyright laws. Foodiva Meals holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Website.
The Foodiva Meals Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Foodiva Meals or its affiliates, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement permit you access to the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Foodiva Meals. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
SECTION 13: POLICY-DMCA COMPLIANCE
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting Foodiva Meals (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Foodiva Meals, 1111 Evergreen Blvd. Saskatoon, SK, S7W0R5, Canada, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Foodiva Meals maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
SECTION 14: INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
SECTION 15: LINKS FROM THE WEBSITE AND/OR SOCIAL MEDIA
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Foodiva Meals has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Foodiva Meals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Foodiva Meals. Foodiva Meals is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
SECTION 16: WARRANTIES
THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FOODIVA MEALS MAKES NO WARRANTY THAT THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME:
- WILL MEET YOUR REQUIREMENTS.
- WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
- WILL BE FREE OF HARMFUL COMPONENTS.
- WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME. WILL BE ACCURATE OR RELIABLE.
THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FOODIVA MEALS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE FOODIVA MEALS OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOODIVA MEALS OR OTHERWISE THROUGH OR FROM THE FOODIVA MEALS OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, FOODIVA MEALS DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
Foodiva Meals makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the website. Foodiva Meals cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Foodiva Meals cannot and does not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Foodiva Meals cannot and does not guarantee or warrant that any content you post on the Website will remain on the Website. Foodiva Meals does not warrant or guarantee that the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
Foodiva Meals may disable all or any social media features and any links at any time without notice in our sole discretion.
SECTION 17: LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FOODIVA MEALS IS TO DISCONTINUE YOUR USE OF THE WEBSITE, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY,”FOODIVA MEALS PARTIES”) SHALL BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (EVEN IF FOODIVA MEALS OR THE APPLICABLE FOODIVA MEALS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
- THE USE OR THE INABILITY TO USE THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME.
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE FOODIVA MEALS OFFERINGS.
- THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION.
- THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME.
- ANY OTHER MATTER RELATING TO THE FRESHLY OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FOODIVA MEALS AND THE FOODIVA MEALS PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF FOODIVA MEALS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR FOODIVA MEALS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOODIVA MEALS. ACCESS TO THE FOODIVA MEALS OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOODIVA MEALS AND THE FOODIVA MEALS PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SECTION 18: INDEMNIFICATION
You agree to indemnify, defend, and hold Foodiva Meals, its officers, directors, employees, shareholders, affiliates agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Foodiva Meals Offerings or your use of any information obtained from the Foodiva Meals Offerings.
SECTION 19: GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the province of Saskatchewan, without regard to its conflict of laws rules.
SECTION 20: RESOLVING DISPUTES – ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at firstname.lastname@example.org. If Foodiva Meals is unable to resolve a complaint you may have to your satisfaction (or if Foodiva Meals has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the Canadian Arbitration Association (“CAA”). Unless you and Foodiva Meals agree otherwise, any arbitration hearings will take place in the county (or parish) of Foodiva Meals billing address. The CAA Rules are available online at https://canadianarbitrationassociation.ca/?page_id=17. Foodiva Meals will not be liable to pay a consumer’s filing fee FOR the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR FOODIVA MEALS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
SECTION 21: WAIVER AND SEVERABILITY
No waiver by Foodiva Meals of any of the terms and conditions set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Foodiva Meals to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
SECTION 22: ENTIRE AGREEMENT
SECTION 23: NOTICE
Foodiva Meals may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by Canada Post to your address, or on record in your Foodiva Meals account. You may give notice to Foodiva Meals at any time via electronic mail or by letter delivered by prepaid Canada Post mail or overnight courier to the following address: Foodiva Meals, 1111 Evergreen Blvd. Saskatoon, SK, S7W 0R5, Canada, Attn: Legal Department.