TERMS AND CONDITIONS FOR KYAN CUISINE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ORDERING ANY PRODUCTS LISTED ON THIS WEBSITE. Your access to and use of www.kyancuisine.ca [this “Website”], and ordering of any Products on this Website, is expressly conditioned on your acceptance without modification of the following terms and conditions [the “Terms and Conditions”]. By accessing or using this Website, by ordering Products, by clicking “Accept” or otherwise signaling your acceptance of these Terms and Conditions, you signify that you have read and understood, and (for good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge) agree to be legally bound by and comply with these Terms and Conditions. You represent and warrant that, if you are agreeing to these Terms and Conditions on behalf of your employer, that you have the authority to bind your employer to these Terms and Conditions. You are responsible for: (a) ensuring that your employees and agents comply with these Terms and Conditions; and (b) any breach of these Terms and Conditions by your employees or agents. PLEASE UNDERSTAND THAT IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE OR ORDER ANY PRODUCTS FROM US.
Kyan Cuisine Inc. [the “Company”] may, in its sole discretion and for any reason, modify, supplement or amend its Terms and Conditions without any notice of liability to you or any other person, by posting revised Terms and Conditions on this Website, so check back frequently to read the most recent version.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, this Website, including any Products listed herein, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
You should print a copy of these Terms and Conditions for future reference.
INFORMATION ABOUT US
- In these Terms and Conditions, the words “we”, “us”, “our” and similar expressions refer to the Company.
- The Company is a weekly plant-based meal delivery service. We offer you a variety of menu options, including, but not limited to, Buddha bowls (both individual and family sizes), soups, salads, homemade vinaigrettes, frozen meals, grocery items, gift packages, or gift vouchers.
- The service is NOT offered on a subscription basis. Each time you wish to purchase a product, you must fulfill an order on our Website in accordance with these Terms and Conditions.
- The Company delivers products only to addresses in Canada, in the Serviced Territories, as defined below under the heading “Service Availability.”
USE OF WEBSITE
- These Terms and Conditions are applicable to persons who access or use this Website or order products listed on this Website [the “Products”].
- You may use this Website only if you are a resident of Canada, have reached the age of majority where you live and you can form legally binding contracts under the applicable law.
- You may not use this Website if you live in a jurisdiction where access to or use of this Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Website is lawful, and you must comply with all applicable laws.
- This Website is only intended for use by people residing in the serviced territory in the regions listed on this Website [“Serviced Territory”]. We do not accept orders from individuals outside the Serviced Territory. In order to find out whether you reside in a Serviced Territory, please consult our delivery directory here.
ORDER FULFILLMENT AND CANCELLATION
- After placing an order through our standard order form on our Website, you will receive an e-mail from us confirming that we have received your order and that it has been accepted [“Confirmation”]. All orders are subject to acceptance by us. We may choose not to accept any orders in our sole discretion.
- You may not cancel your order after Confirmation.
- Please note that ingredients in the Products you order may not be available from time to time due to supply shortage or other reasons. We reserve the right, in our sole discretion, to replace the missing ingredients with reasonably equivalent alternatives.
- In order to insure the freshness of ingredients, we receive ingredients on the morning of our production days. Should one or more ingredient(s) in the Products you order not be available, you will receive an email, within 12 hours of your scheduled delivery, informing you of the missing ingredient(s) and the replacement ingredient(s). If you are not satisfied with the replacement ingredient(s), kindly reply to this email, and we will offer you a store credit. If you do not reply to our email, we will assume that you take no issue with the replacement ingredient(s).
PRICE AND PAYMENT
- The price of the Products and our delivery charges, if any, will be as quoted on our Website from time to time, except in cases of obvious error. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- All prices are shown in Canadian dollars and DO NOT include sales tax and delivery fees where applicable. Applicable taxes and fees will be brought to your attention before you confirm your order.
- Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
- Payment for all Products must be by credit card. We accept payments with Mastercard and Visa via our third-party partner, Shopify Inc., but we do not accept American Express. We reserve the right to change the payment methods we accept at any time without notice or liability to you.
- You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable tax and delivery fees, if any.
VOUCHERS, GIFT CARDS, SPECIAL OFFERS, AND PROMOTIONS
- We may offer gift cards, discount promotions, and other types of vouchers [“Voucher”] which may be required to be activated by online application in order for the holder of the Voucher [“Holder”] to receive delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment.
- A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
- We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through this Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates, unless stated otherwise. Discounts do not apply to any separate add-on charges or premium charges made through your account.
- From time to time, and at our discretion, purchases of Products may be subject to special offers. In the event that a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail.
- We may withdraw the terms of a special offer or withdraw the special offer altogether at any time and without prior notice.
- We reserve the right to offer, in our sole discretion, different customers, different special offers, and promotions.
- The delivery date and time of your Products is as specified at the time of ordering. Delivery date varies depending on the area you reside. You can search for the delivery date for your order by entering your postal code in our delivery directory here.
- Package deals are available for businesses and large groups. Delivery of package deals are available from Monday through Friday, for delivery between 8 and 5 p.m. Orders for package deals must be fulfilled by email at email@example.com at least 72 hours in advance of the desired delivery date and time. We reserve the right to refuse your order is the proposed delivery date and time does not allow for an appropriate amount of time to prepare your order. We will contact you to confirm the details of your order, including Products, delivery address, and costs.
- We charge a fixed $5.00 CAD per delivery unless the value of your order exceeds $50.00 CAD, in which case we will not charge you delivery fees.
- We deliver the Products through our own agents and do not use third party services for delivery. A confirmation of delivery will be sent to you by email when your order is delivered.
- The Products are delivered when one of our agents or employees delivers the Products in accordance with the delivery instructions you have specified in your order. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no individual present at the location specified in the delivery instructions we will leave the package unattended at the address or location you have specified. You are responsible for ensuring the clarity and completeness of the delivery instructions provided to us.
- You are responsible for inspecting all Products you receive from us for any damage or other issues upon their delivery to you. You are solely responsible for determining the freshness of the Products you receive. You should use a thermometer to confirm that the internal temperature of perishable ingredients are in cool and refrigerated condition, below 4° Although unlikely, if you have any reason to believe that a product in your delivery is not suitable for consumption upon their delivery to you, please contact us at firstname.lastname@example.org within 48 hours from the time your Products are delivered, and we will handle the matter in accordance with the “Refunds” heading below.
- You are responsible for the Products as of the moment when the Products are delivered in accordance with the instructions in your order. You are responsible for a product degradation as a result of any events (including the passage of time) after the delivery of the Products. Please keep in mind season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly.
- You should immediately refrigerate all perishable items upon delivery and are responsible for following refrigeration, food safety, safe food handling instructions, and food consumption recommendations from Canadian and Ontarian regulation agencies to reduce risks of foodborne illnesses including such recommendation for at-risk groups (i.e. for pregnant women, young children, elderly and individuals with compromised immune systems).
- Please note that the photographs posted on this Website are taken by professional photographers and the Products you order may not appear exactly the same as displayed in the pictures.
- Our Products, including Vouchers, cannot be returned and are not refundable.
- If you are dissatisfied with any Products or ingredient you receive with your order, please contact us at email@example.com within 48 hours of receiving your order. We may require you keep the item and/or provide photographic documentation of the item you are dissatisfied with. We will do our best to resolve all issues.
- Should we agree with you that the Products are of unsatisfactory quality, we will provide a refund for the equivalent value of the Products you are not satisfied with using the same method originally used by you to pay for your purchase.
- Following the delivery of the Products, the condition, and consumption of the Products are at your own risk, and you are solely responsible for the proper and safe handling, use, and consumption of the Products.
- To the extent permitted by applicable law, this website and all information contained on or accessed from the website, and all products listed on this website, are provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law, including any implied warranties or implied conditions of: (i) merchantability; (ii) fitness for purpose; (iii) title; and (iv) non-infringement.
- Without limiting the generality of the foregoing, the releasees make no representation or warranty that: (i) this website will be compatible with your computer and software; (ii) this website will be available or will function without interruption or error; (iii) the use of this website, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from this website will be secure; (v) the use of this website will not infringe the rights (including, without limitation, intellectual property rights) of any person; or (vi) the use of this website will not cause any damage to your computer systems, software or electronic files.
- The Company and any third party providers are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
- The Company and any third party providers assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing this Website or your downloading of any materials, data, text, images, video or audio from this Website.
- Liability for direct damages: releasees total cumulative liability for damages, expenses, costs, liability or losses (collectively, “damages”) arising out of or in connection with these terms and conditions, use of this website and purchase, use and consumption of the products, whether arising in negligence, tort, statute, equity, contract (including fundamental breach), common law, or any other cause of action or legal theory even if advised of the possibility of those damages, is limited to direct, actual, provable damages and will in no event exceed $50.00 cad.
- No liability for certain damages: releasees are not liable for any indirect, incidental, special or consequential damages whatsoever, any lost profits, anticipated or lost revenue, loss of data, loss of use of any information system, failure to realize expected savings or any other commercial or economic loss arising out of or in connection with these terms and conditions, this website, purchase use or consumption of the products (including any third party claim), whether arising in negligence, tort, statute, equity, contract (including fundamental breach), common law, or any other cause of action or legal theory even if advised of the possibility of those damages.
- For greater certainty, the limitation and exclusion of releasees liability set out herein shall apply notwithstanding any other provision of these terms and conditions.
- You will indemnify, defend (at our option), and save harmless the Company, its affiliates and any third party providers and their respective officers, directors, employees, consultants, representatives and agents (collectively, the “Releasees”) from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this Website, including the ordering of any Products listed herein, and/or breach of these Terms and Conditions including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and permitted assigns.
- You may not assign these Terms and Conditions, or any of your rights or obligations arising under these Terms and Conditions, without our prior written consent, in our sole discretion.
- We may assign or subcontract these Terms and Conditions, including any of our rights or obligations arising under these Terms and Conditions, at any time without notice to you.
- These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
INTELLECTUAL PROPERTY PROTECTION
- This Website consists of various graphics, texts, icons and buttons that have been provided by Company and/or other entities under our direction (e.g. site designers). All such content is owned by Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for this Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software [collectively, the “Website Content”].
- You hereby acknowledge that the Website Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of this Website does not grant or transfer to you any ownership or other rights in the Website Content, and except as expressly provided, nothing herein or within this Website shall be construed as conferring on you or any other person any license under any of Company or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, publish, distribute, display, sell, transfer, modify, edit, alter or enhance any of the Website Content in any manner whatsoever. Any rights not expressly granted to you in these Terms and Conditions are expressly reserved by Company. For greater certainty, you agree that you will not take any action that is inconsistent with Company ownership of this Website and/or Company ownership of, or any third party’s ownership of, any Website Content. Without limiting the generality of the foregoing, users of this Website shall be entitled to copy Website Content contained within this Website only for their own personal and non-commercial use, but may not republish or reproduce any such Website Content in any manner without the prior written consent of Company.
- Company hereby grants each user of this Website a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to make personal and non-commercial use of this Website and its Website Content. For greater certainty, this limited license only allows you to view, download or print materials from this Website for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Website.
- Certain names, graphics, logos, icons, designs, words, titles or phrases contained within this Website may constitute trade names, registered or unregistered trademarks or service marks [collectively, “Trademarks”] of Company or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by Company are the property of their respective owners, and, where used by Company are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with Company ownership of, or any third party’s ownership of, the Trademarks.
- Framing of this Website or any of its content in any form and by any method is strictly prohibited. You shall not reverse engineer, decode, decompile, or disassemble the Website or any Website Content.
- You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from this Website, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the Company.
- You are prohibited from contributing, posting or transmitting to this Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- You hereby agree that you shall not use this Website to upload, post, communicate or otherwise submit or transmit through, or to, this Website any content that contains any viruses, trojan horses, time bombs, 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.
- You hereby agree that you shall not use this Website to: (i) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this Website; (ii) collect information about others without their consent; and/or (iii) upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
- Further, you hereby agree that you shall not engage in prohibited or unauthorized use of this Website or of Company systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on this Website.
- In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of this Website.
USER NAME AND PASSWORD
- Your kyancuisine.ca website account may be accessed by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company. The Company recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
- All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.
- You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise
ACCURACY OF INFORMATION
- We rely on the information you provide through this Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
LINKS AND SOFTWARE
- This Website contains links to websites owned or operated by other entities which are not associated or affiliated with the Company or our third party providers. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company or our third party providers of the linked website or information contained in the linked website, or of their security or privacy practices. The Company and our third party providers will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk.
- Linking to any other website is at your sole risk and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to this Website, except for other websites operated by the Company.
- If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
GOVERNING LAWS, JURISDICTION
- You consent and submit to the exclusive jurisdiction of the courts located in the United Counties of Prescott-Russell or the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of this Website, and these Terms and Conditions. These Terms and Conditions and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.
- These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
- The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
- These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions.
BUSINESS NAME AND BUSINESS OWNERSHIP
- The legal business name of the Company is Kyan Cuisine Inc. Please direct enquiries to the Company’s registered business address at 3-829 Notre-Dame Street, Embrun, Ontario, K0A1W1, by telephone at 613-620-3826 or by e-mail at firstname.lastname@example.org.