General Use Terms



1.Introduction and our role

 

Please read these Terms of Use and Privacy Policy carefully before using the MealGarden.com web site.

 

1.1. These Terms of Use and Privacy Policy govern the Mealgarden.com web site and its services (“the Web Site”, “the Service”), provided by Meal Garden Inc., and/or its parent, subsidiaries and/or affiliates (“Meal Garden”, “we,” "us," or “our”) that links to these Terms of Use and Privacy Policy.  The Terms of Use and Privacy Policy are binding on all those who access, visit and/or use the Service, (“you” or “your”).

 

1.2.Your access, visitation and/or use of the Service or any services of Meal Gardenwill constitute your agreement to these Terms of Use and Privacy Policy. If you do not agree with the terms and conditions of the Terms of Use and Privacy Policy, you may not and cannot access, visit and/or use the Service.

 

1.3. Meal Garden reserves the right in our sole discretion to change, modify, add, or delete portions of the Terms of Use at any time. We will notify you at least 14 days before these new Terms of Use apply to you. Continued access of the Service by you will constitute your acceptance of any changes or revisions to theTerms of Use and Privacy Policy. We encourage you to review our Terms of Use periodically if you wish to see if it has been updated.

 

1.4. If you breach, violate, fail to follow, or act inconsistently with the Terms of Use and Privacy Policy as well as the terms posted at various points in the Service or otherwise communicated to you, we may terminate, discontinue, suspend, and/or restrict your account, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Terms of Use, including without limitation any of our purported obligations hereunder in present or in future, with or without notice. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Terms of Use.

 

1.5. Through the Website and the Service Meal Garden provides services and tools to enable users to simplify organization of their meals for their schedules (generally on a weekly basis) and to facilitate healthy choices. Due to your preferences the Service creates your weekly meal plan according to which we offer you recipes to cook and in advance communicate your orders to restaurants (“Partner Restaurants”) displayed on http://mealgarden.com for pick-up and or delivery.  You can use our service for all your meals in the week or some of your meals in the week.

 

1.6. MealGarden tends to offer recipesbased onrecommendations provided by Health Canada  in Canada’sFood Guide http://www.hc-sc.gc.ca/fn-an/food-guide-aliment/index-eng.php

 

1.7. Our recipes are just information provided for reference and education only. Meal Garden assumes no responsibility or liability arising from any error in or omission of information or from the use of any information or advice contained within this Website.

 

2. We Are Not Medical Advisors

 

2.1. The Web Site, Service, and Web Site content are for informational purposes only and are not intended and shall not be considered or relied upon as medical advice or a substitute for medical advice, a medical diagnosis or treatment from a physician or qualified healthcare professionalor a diet. You are responsible for obtaining appropriate medical advice from a physician or other qualified healthcare professional prior to acting upon any information available at or through the WebSite.

 

2.2. By using the Service you understand and agree that you are responsible and liable for the choice of dishes you cook according to our recipes and/or get from our Partner Restaurants and the impact of these dishes on your health and health of your family members or other people, including without limitation the impact on your weight and weight of your family members.

 

2.3. By using the Service you understand and agree that Meal Garden is not liable for the impact of the dishes you cook according to our recipes on your health and health of your family members or other people, including without limitation the impact on your weight and weight of your family members.

 

2.4. By using the Service you understand and agree that Meal Garden is not liable for the quality of third party services, including without limitation the quality of dishes, you get from our Partner Restaurants and the impact of these dishes on your health and health of your family members or other people who try them.

 

2.5. The menus are provided by the Partner Restaurants. Accordingly, if you are in doubt about allergy or other health warnings or contents of the dish, it is your responsibility to confirm with the restaurant directly prior to ordering.

 

2.6 When you get the cooking menu you have to check the recipes before approving it. If for medical, personal or any other reason you do not want to have the particular dish on your menu you can reject it and the Service will offer you another one. Please check the recipes attentively because you are solely responsible and liable for the impact of the dishes on your health and the health of your family members or other people who try them, including without limitation the impact with regards to allergies, and body weight.

 

3. Registration and Account terms

 

3.1. In order to use the Service you must register on the Web Site by providing your full legal name, a valid email address, a valid address, as well as the credit, debit, or charge card number, or other payment information, and any other information requested in order to complete the signup process (“Registration Information”). All information supplied by you to Mealgarden.com during the completion of the registration is subject to the Privacy Policy.

 

3.2. If any of your Registration Information changes, you must update it promptly by using the update mechanism or contact information on the Service that allows you to change or update your Registration Information. We and our Partner Restaurants shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date registration information, including without limitation your failure to provide payments or to receive critical information. Neither we nor our partners shall be responsible for verifying your registration information.

 

3.3. By registering on the Web Site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

 

3.4. You are solely responsible for the activity that occurs under your name and password, whether or not you have authorized the activity. Meal Garden cannot and will not be liable for any unauthorized transaction entered into using your name and password, nor for any loss or damage from such unauthorized transactions or any other unauthorized activity.

 

3.5. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation orders, purchases and/or any other services provided by Meal Garden and/or our Partner Restaurants.

 

3.6. You agree to notify us immediately at our customer support address of any breach of security or unauthorized use of your account.

 

4.  Fees and Payments

 

4.1.You agree to pay all fees and charges, including applicable taxes and surcharges (collectively "Fees"), incurred through your activity on or through the Service and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred.

 

4.2. The monthly fee for use of the Service (“Service Fee”) is stated on the Web Site. To be able to use the Service it must be pre-paid. The first 14 days using the Service is free of charge excluding the Fees of Partner Restaurants that must be paid fully.

 

4.3. The Service Fee is charged in advance and on a monthly, other basis as agreed upon registration. All Fees are due promptly and are non-refundable. Unless otherwise specified on the Service, all Fees will be quoted and charged in Canadian dollars.

 

4.4. If you submit a credit, debit or charge card number, or other payment information to us upon registration, at the time of ordering, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all due Fees to such payment method without additional authorization.

 

4.5. We may, in our sole discretion, charge Fees to your designated payment method individually, or elect to aggregate Fees for some or all of your orders. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

 

4.6. We, our Partner Restaurants and other licensors, vendors, and/or service providers reserve the right to change the amount of, or basis for determining, any Fees, or Service Fees and to institute revised or new Fees or Service Fees in our sole discretion, effective upon publication on the website of such revised pricing on the Service. By processing on the Service you accept the changed and/or newly imposed Fees.

 

4.7. Meal Garden will inform you by e-mail about the change of the Service Fee not later than 10 days before the new rate comes into force. The new rate of the Service Fee is considered accepted by you if within 10 days after you had got respective e-mail you haven’t informed our customer support team about the termination of your use of the Service. If your Service had been pre-paid  for a time period and you are informed about a change of price in the relevant pre-paid Fee or Service Fee, your Service will be considered to be fully paid up to the end of the time period you pre-paid for, and after that the new pricing will take effect.

 

4.8. If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.

 

4.9. Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.

 

4.10. Prices of the Partner Restaurants’ dishes will be as quoted on the Web Site. These prices may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of take out), where applicable.

 

4.11. The Fees for the Partner Restaurants’ services will be charged upon placing the order, and the order must be placed by no later than 4:00pm EST the day before the order is due for pick up or delivery.

 

4.12. In the event that you have a complaint on an order with regards to a Partner Restaurant’s quality of food or service then any compensation should be sought directly from the Partner Restaurant. Meal Garden will not provide refunds on behalf of the Partner Restaurants and is not liable for any such refunds sought.  However, if you are dissatisfied with Partner Restaurant’s quality of food or their service ordered through the Web Site, Meal Garden will assist you, where possible, in seeking a refund from the Partner Restaurant. As stated, all complaints must be lodged initially with the Partner Restaurant and, where appropriate, the Partner Restaurant’s own complaint procedures followed before Meal Garden is able to respond to a complaint. Any complaint addressed to Meal Garden must be lodged with our customer support team within 48 hours of getting the order. We will be receptive to hearing about complaints pertaining to our Partner Restaurants as we want to work towards having a roster of Partner Restaurants with a high quality of service and professionalism.

 

5.  Rules of Usage

 

5.1.After registration you can fill in the form of your preferences according to which our Service creates weekly meal plans.

 

5.2.In order to set up the weekly meal plan you inform us about your choice to cook, take out or deliver food from the restaurant on every day of the week. You may set up the weekly meal plan for breakfast, lunch and/or dinner according to your personal needs. You may set up the weekly meal plan for every day of the week or several days according to your personal needs.

 

5.3.According to your preferences and the weekly meal choices that have been set-up the Service creates your weekly meal plan. You can approve or change the weekly meal plan according to your wish.

 

5.4. If you want to pick up or get delivery from a Partner Restaurant, through the Web Site, you have to choose the Partner Restaurant and the dishes and order. Meal Garden provides you with the menu, prices, accumulated nutrient data on the Partner Restaurant’s dishes, and takes your order information, including details of what is ordered and payment for the order, subject to ordering by at least by 4:00pm EST the day before the order is to be picked up or delivered.

 

5.5. You can change or cancel your order from Partner Restaurants for pick-up or delivery by 4:00pm EST the day before the order is to be picked up or delivered. If you comply with this rule your payment for the order will be refunded within thirty (30) calendar days, less the credit card processing fee, otherwise no refund of payment for the order will be made regardless of the fact of getting the order.

 

5.6. As mentioned, the menus are provided by the Partner Restaurants. Accordingly, if you are in doubt about allergy or other health warnings or contents of the dish, it is your responsibility to confirm with the restaurant directly prior to ordering.

 

5.7. We will send you notification by e-mail that (i) order has been approved; (ii) payment has been received and that your order is accepted and will be processed. If you wish you can reject getting notifications.

 

5.8. If the Fees can’t be charged we will send you notification by e-mail. Until the payment is received your order will not be accepted and processed and we and/or Partner Restaurants shall not be obliged to provide services to you.

 

5.9. A discount may apply to your order if you use a promotional code recognized by the Web Site and endorsed by Meal Garden.

 

5.10.   The Partner Restaurants localize their service by a geographic area that is shown (described) on the Web Site and are not obliged to provide services outside this area.

 

5.11.  Partner Restaurants may lay down additional terms and conditions with respect with their service beyond your obligation to comply with the Terms of Use when using the Service.

 

5.12.  If you want to cook your dishes Meal Garden provides you with recipes according to the set-up preferences you have indicated in your account.

 

5.13.  As previously stated, when you get the cooking menu you have to check the recipes before approving it. If for medical, personal or any other reason you do not want to have the particular dish on your menu you can reject it and the Service will offer you another one. Please check the recipes attentively because you are solely responsible and liable for the impact of the dishes on your health and the health of your family members or other people who try them, including without limitation the impact with regards to allergies, and body weight.

 

5.14. In order for the Service to create menus favorable to your particular desires the Service provides you with tools to inform us about variables, including, but not limited to, rejection of particular recipes, food groups or products, specifying recipes on your menu that should appear on your meal schedule more frequently, changing your food and meal preferences, adding your own recipes to your personal cooking book (“Personal Cooking Book”).

 

5.15. The Personal Cooking Book is the list of recipes found on the Service provided to you by Meal Garden that is customized according to your preferences and available at any time in your user account.

 

5.16.  The recipes you add to the Personal Cooking Book yourself can be used by Meal Garden in our sole discretion if you don’t specially prohibit that.

 

5.17.  Meal Garden provides you with nutrition data on the dishes and recipes offered to users based on Canada’s Food Guide.

 

5.18.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

 

5.19.  We reserve the right, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content (as defined in Article 6) available on or through, or downloadable from, the Service, including without limitation any Content in your account/profile, or, if available, any of your messages, posts, or threads.

 

5.20.  We reserve the right at any time after receipt of your order by sending you an appropriate e-mail to decline such order, or any portion thereof, or not to ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. If your order is canceled by us after you have been charged, we will refund you.

 

5.21.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or Partner Restaurant service.

 

6.  Intellectual property rights

 

6.1.Unless otherwise stated, the intellectual property, and intellectual property rights, including copyrights, trade-marks, title, and interest in the Web Site, in the business model, business information, data, confidential information and in any and all materials published on it, including without limitation Meal Garden logo, design, text, copy, graphical images, photographs, other files, and the selection and arrangement thereof (collectively, “the Content”) are owned by Meal Garden, its affiliates or Meal Garden’s Partner Restaurants or other licensors. All rights therein are reserved both in Canada and world-wide. Any rights not expressly granted in these Terms of Use are reserved.

 

6.2.  You may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any of the Content obtained on or through the Service, in whole or in part (including without limitation copyright, trademark, or other proprietary legends, symbols, marks, code, data or notices on the Service) in any manner and medium whether now known or later developed, except as permitted by law or as expressly permitted in writing by the Terms of Use, us or the Service. When you use the Web Site, you agree to comply with all applicable laws, including, without limitation, copyright law, and trade-marks law.

 

6.3. You may display and print material from this Web Site solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of the Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission or the specific license from of Meal Garden, is strictly prohibited.

 

6.4. Other prohibited uses include:

i) you may not use robots, spiders, or any automatic device, or use of any manual process to copy or scrape the Web Site Content for any purpose without the express written permission of Meal Garden. Notwithstanding the foregoing, Meal Garden grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;

ii) you may not use, frame or utilize framing techniques to enclose any Meal Garden trademark, logo, or other proprietary information, including the images found at the Web Site, the content of any text, or the layout/design of any page or form contained on any page of the Web Site;

iii) you may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form.

 

6.5. Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Meal Garden or any third party. 

 

6.6. “Mealgarden.com”, “Meal Garden” and other trademarks on this Web Site are trademarks of Meal Garden or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Meal Garden. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Meal Garden, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Meal Garden. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web Site are the property of their respective owners.

 

6.7. Meal Garden might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web Site. Except to the extent we may have granted you licenses to certain intellectual property, our providing you with such Web pages or any software does not give you any license to our intellectual property.

 

6.8.You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web Site only, provided such link does not portray Meal Garden or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.

 

6.9. Meal Garden may provide hyperlinks to sites such as search engines and content of third parties as a service to those interested in this information. You use these hyperlinks and content of third parties at your own risk.

 

6.10. Except as stated in paragraph 6.4., 6.9. no part of this Web site may be reproduced or stored in or on any other web site or included in any public or private electronic retrieval system or service without Meal Garden’s prior written permission.

 

7. Visitor Material And Conduct

 

7.1. By submitting, disclosing or offering any recipe, review, “favorites” list, comments, feedback, images, photos, suggestions, ideas, notes, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Meal Garden, either online or offline and whether or not solicited by Meal Garden, you hereby grant to Meal Garden an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, refrain from using, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially provide to others, use, or change your Submitted Items in any manner and medium whether now known or later developedand all copyright, trade secret, trademark, or other intellectual property rights therein, and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial web sites, without compensation of any kind to you or any third party.

 

7.2. The Submitted Items is other than personally identifiable information, which is governed by the MealGarden Privacy Policy and will be considered non-confidential and non-proprietary. MealGarden will have no obligations with respect to the Submitted Items.

 

7.3. Meal Garden does not monitor nor does Meal Garden have control over any Submitted Items. Meal Garden does not endorse or adopt any Submitted Items and can make no guarantee as to its accuracy or completeness. Meal Garden does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Submitted Items. You use these Submitted Items at your own risk.

 

7.4. You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Meal Garden’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Meal Garden to effect, perfect, and confirm the license granted to Meal Garden to your Submitted Item as set forth herein.

 

7.5. You are prohibited from posting, uploading or transmitting to or from this Web Site any Submitted Items or other material that:

 

7.5.1 breach any applicable local, national or international law;

 

7.5.2 are unlawful or fraudulent;

 

7.5.3 amount to unauthorized advertising;

 

7.5.4 contain viruses or any other harmful programs;

 

7.5.5 contain any defamatory, obscene or offensive material;

 

7.5.6 promote violence or discrimination;

 

7.5.7 infringe the intellectual property rights of another person;

 

7.5.8 breach any legal duty owed to a third party (such as the creation of works for hire or a duty of confidence);

 

7.5.9 promote illegal activity or invade another’s privacy;

 

7.5.10 give the impression that they originate from us; or

 

7.5.11 could be used to impersonate another person or to misrepresent your affiliation with another person.

 

7.6. You may not misuse the Web Site (including hacking, usage of any bots, cheats, macros, scripts, or any forms of auto-responder, or any other automated process, or engagement in meta-searching or periodic caching of information, to access, visit and/or use the Service, any copying or storage of any Content, or any other information available on or through the Service).

 

7.7. The prohibited acts listed in paragraph 7.5. above are non-exhaustive. Meal Garden in its sole discretion, reserves the right to review, edit and/or remove any Submitted Items. Notwithstanding the foregoing, you hereby agree to defend, indemnify and hold harmless Meal Garden and its licensors and their respective affiliates and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your Submissions, and/or your breach any of the restrictions in paragraph 7.5.

 

8.  Cancellation and Termination

 

8.1.You are solely responsible for properly canceling your account. You can cancel your account at any time online. Cancellation will be completed within 72 hours after we receive your request and you will not be charged again.

 

8.2.If you cancel the Service before the end of your current paid up term, no refunds are made.

 

8.3. MealGarden, in its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future access, visit and/or use of the Service, for any reason at any timewith or without notice. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the possiblebut not obligatoryforfeiture and relinquishment of allinformationin your Account. MealGarden reserves the right to refuse service to anyone for any reason at any time.

 

9. Liability and Disclaimer of Liability

 

9.1. While Meal Garden tries to ensure the Web Site is normally available twenty four (24) hours a day, Meal Garden shall not be liable if the Web Site is unavailable at any time or for any period. Access to the Web Site may be suspended temporarily and without notice.

 

9.2. While Meal Garden tries to ensure that information on the Web Site is correct and current, we do not promise it is always accurate, current or complete. Meal Garden may make changes to the material on the Web Site, or to the Services and prices described in it, at any time without notice. The material on this Web Site may be out of date, and Meal Garden makes no commitment to update that material. In particular, we do not guarantee that the information provided by the Partner Restaurants and displayed on the Web Site such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.

 

9.3. Meal Garden provides you with access to the Web Site and the services on an “as is”, “with all faults” and “as available” basis only, and, to the maximum extent permitted by law, and, but for the terms herein in the Terms of Use and Privacy Policy, we exclude any and all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms of Use might apply in relation to the Web Site and the services). You acknowledge that you are using the service at your own risk.

 

9.4. Meal Garden does not warrant that the Web Site or any Web Site Content will be uninterrupted, timely or error-free, that defects will be corrected or that there will be no failures, delays, inaccuracies, errors or omissions or loss of transmitted content, or that the Web Site or the web server hosting the Web Site will be free of viruses or any other harmful components. Meal Garden cannot guarantee the security of the data transmitted to the Web Site and any and all transmission of information is at your own risk.

 

9.5. Meal Garden is not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable or incompletely received communications or messaging from or to us or you for any reason.

 

9.6. You are responsible for the security of your password that you used to register with the Web Site. Unless Meal Garden negligently discloses your password to a third party, Meal Garden will not be liable for any unauthorized transaction entered into using your name and password.

 

9.7. Meal Garden and any of our affiliated companies and the officers, directors, employees, shareholders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to you or a third party (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable or if Meal Garden is expressly advised of the possibility of such damage) in connection with the Service, the Web Site or in connection with the use, inability to use or the results of use of the Web Site.

 

9.8. The legal contract for the supply and purchase of food and beverages is between you and the Partner Restaurant that you place your order with and not with Meal Garden. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the applicable Partner Restaurants. Meal Garden cannot give any undertaking that the food and beverages ordered from Partner Restaurants through the Web site will be of satisfactory quality and any such warranties are disclaimed by Meal Garden. Neither can Meal Garden give an undertaking that the estimated delivery and take out times stated on the Web site are accurate. These disclaimers do not affect your statutory rights against the Partner Restaurants.

 

9.9. Meal Garden assumes no responsibility or liability arising from any error in or omission of information or from the use of any information or advice or any content contained within the Web site. Meal Garden is not in any way responsible and liable for the choice of dishes you cook according to our recipes or get from our Partner Restaurants and the impact of these dishes on your health and health of  your family members or other people who try them, including without limitation the impact on your weight and weight of your family members.

 

9.10. However, we take responsibility for the communication of orders to the Partner Restaurants as set out in these Terms. Meal Garden customer support team will, subject to your compliance with these Terms of Use and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your orders to the Partner Restaurants via the Web site including the processing of all credit or debit card refunds and chargebacks where appropriate.

 

9.11. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from Meal Garden's gross negligence, nor Meal Garden's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in the Terms of Use affects your statutory rights.

 

9.12. With the exception of any liability referred to in paragraph 8.11 above, Meal Garden’s total liability to you in relation to your use of the Web site and the services that we provide including (but not limited) to liability for breach of these Terms of Use and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or CDN $100.00, whichever is the lower.

 

9.13. You agree to defend, indemnify and hold harmless Meal Garden, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms of Use or your violation of any law or the rights of any third party with respect to the Web Site or the services. Meal Garden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Meal Garden.

 

10. GOVERNING LAW AND JURISDICTION

 

10.1. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that, regardless of where you access, visit and/or use the Service, all disputes arising in connection with these Terms of Use (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ontario, and any disputes or litigation will be in courts located in the City of Toronto.

 

10.2. In any dispute between us, your sole remedy is to stop using your account and/or the Service.

 

10.3. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

 

10.4. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within two (2) years after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

 

10.5. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.

 

11. Events outside our reasonable control

 

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

 

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

(a) strikes, lock-outs or other industrial action;

 

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

 

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

 

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

 

(e) impossibility of the use of public or private telecommunications networks; and

 

(f) the acts, decrees, legislation, regulations or restrictions of any government.

 

11.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

 

12. ADDITIONAL TERMS

 

12.1. The rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in these Terms of Use and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, constitutes the whole Agreement and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

 

12.2. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreement.

 

12.3. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service, or the Service as a whole. Such additional rules will be posted in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Service constitute your agreement to comply with these additional rules.

 

12.4. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so apply to all of your interactions and transactions with us.

 

12.5. If any provision or part of a provision of these Terms of Use is found by any court or authority of competent jurisdiction to be unlawful, invalid or unenforceable to any extent, such provisions or parts of provisions will be struck out of these Terms of Use and the remainder of these Terms of Use will continue to apply.

 

12.6. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of your or our rights or remedies.

 

12.7. You may not transfer any of your rights or obligations under these Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Terms of Use without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.

 

12.8. The headings in these Terms of Use are included for convenience only and shall not affect their interpretation.