Your use of Living Kitchen Wellness Group’s services constitutes your agreement to the terms and conditions set forth below. These Terms and Conditions constitute the entire agreement between you and Living Kitchen Wellness Group. By completing the registration process, you confirm that you read, understand and agree to these Terms and Conditions, and the form in which they appear at the time of your registration. 1. Definitions In the following document the term “we”, “our”, “us” “LKWG” shall refer to Living Kitchen Wellness Group. The term “you”, “your” shall refer to you, the client, of Living Kitchen Wellness Group.
2. Registration & Accurate Information Before the meal delivery beings, you must fill out the above registration form to inform us of your allergies, sensitivities, intolerances and other dietary restrictions. If a section in the form is not filled in or is left blank, then it is understood that that section does not apply to you and LKWG does not accept any liability for missing information. By filling out the form and sending it to LKWG you agree to provide true, complete, current and accurate information about yourself, including, but not limited to, your legal name, billing and residential address, email address, appropriate telephone contact numbers, your health problems, concerns, you and your family’s healthy history, dietary restrictions, allergies, sensitivities, intolerances and ailments. You agree not to impersonate another person. If any information you provide is untrue, inaccurate or incomplete or not current, LKWG is not liable and has the sole right to suspend, terminate or refuse service to you. You are responsible for updating your registration information with LKWG, including your contact information, credit card information, if necessary, and you and your family’s health history by emailing LKWG with your updated information 4 days (Thursday) between the hours of 6am-6pm EST prior to meal delivery (Monday or Tuesday). If you fail to tell us about any allergic or medical condition, we accept no liability. If you fail to tell us about any allergic reaction(s) or medical condition(s) that has deteriorated while you eat the food, we will accept no liability. If you are allergic to certain foods or ingredients, we will make every effort to exclude such items from your meals but please note if traces or ingredients that you are allergic to happen to be within your meals, we accept no liability. If you fail to tell us that you are allergic, sensitive or intolerant to certain foods or ingredients or you were unaware that you were, we accept no liability. 3. Payment Policy Payment for meal delivery service must be made in advance. Your registration and entrance into the meal delivery service will be accepted once payment has been made. Various payment methods are available. • You will pay via credit card on The Living Kitchen Wellness Group’s website. o You represent and warrant to LKWG that your use of any such credit card is authorized and legal. o There will be a $25.00 charge if your credit card is declined. o Living Kitchen Wellness Group will appear on the client’s credit card statement o It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. Please note that prices may alter, and that we reserve the right to change prices without prior notice. You may not withhold payment of any invoice or other amount due to us by reason of any of set off or counterclaim which you may have or allege to have for any reason whatsoever. All payments must be made minimum 4 days (Thursday) between the hours of 6am-9pm EST prior to receiving your meal delivery (Monday or Tuesday). Once payment is received, automatically your order will be placed for the upcoming week. By paying for the service, these Terms and Conditions and the menu offered collectively constitute a legal agreement between LKWG and you. To purchase and receive LKWG’s meal delivery you must pay minimum 4 days (Thursday) between the hours of 6am-9pm EST prior to receiving your meal delivery (Monday or Tuesday). When LKWG begins to offer advance, automatic and renewal payments, it is up to LKWG to inform you, the client, of this payment option. It is up to you, the client, to opt into automatic payments in written consent to LKWG, where the client’s credit card will be automatically billed weekly on Thursdays. If the client wishes to terminate automatic payments, it is up to the client to contact LKWG via email to request cancelation minimum 5 days (Wednesday) prior to delivery (Monday or Tuesday). If payments are not made minimum 4 days (Thursday) between the hours of 6am-9pm EST prior to delivery (Monday or Tuesday), meals will not be delivered to you. If payment has not been received 4 days (Thursday) between the hours of 6am-6pm EST prior to delivery (Monday or Tuesday) there will be no notice given and your meals will just not arrive. 4. Delivery & Liability Once payment has been made, LKWG shall, in return for your payment, provide meal delivery services. Meals will be delivered to your address either Monday or Tuesday. If you live outside of our delivery borders, you must pay an additional sum of $25 or more, which is subject to change depending on your location. Clients are responsible for designating a safe delivery area and providing LKWG with any special delivery instructions and a key as necessary. The client is responsible for any loss or damage that occurs with the cooler or contents as a result of the cooler not being in a safe area. Once we deliver the product to the place you designate it is your responsibility to take the food items and properly store them and keep them at the right temperature. Once the package is delivered to the location of your choice LKWG is no longer responsible. Therefore, we ask that you choose a safe and reasonable place for your meal delivery. We are not responsible for food spoiled due to your failure to take possession of them in time or your failure to properly store them. If you do not receive your delivery, call our client service number. If the cooler has been tampered with, we strongly recommend that you not eat the contents inside. LKWG or our delivery couriers are not to be held responsible for any meals that are stolen or tampered with or suspected stolen or tampered with from the place you designate as a delivery. If your food is being stolen/tampered with or suspected of being stolen or tampered with then it is your responsibility to make alternative arrangements with us. Email or call our client service department to make alternate delivery arrangements. Meals are freshly prepared and must be consumed within 5 days of receiving. Please remove meals from your cooler bag and refrigerate or freeze until consumption. LKWG is not liable from illness you may derive from the foods while receiving our meal delivery service. We accept no liability for any problem you may have or that may occur as a result of eating foods on the program, the preparations of the foods, delivery of the foods, the acceptance of the food by you, the consumption of the foods or liabilities for any foods eaten by anyone other then you. We shall not be responsible for delay, non-delivery, or default in delivery in whole or in part if occasioned by strikes, war, or for any delay in transportation due to demands of the Canadian government, or non-delivery or delays through natural disasters, weather storms, accidents, insurrections, lockouts, breakdown of machinery, or stoppage of labour. LKWG does not deliver meals on provincial and federal statutory holidays. 5. Cooler & Ice Pack Return Policy We request that all empty cooler containers and ice packs from the delivery day day be left at the delivery drop off location on the day of the next delivery (the following Monday, Tuesday, Wednesday or Thursday). If a cooler or ice pack has been lost, stolen or is returned in non-suitable condition, while you and LKWG continue to work together, you will be charged for a new cooler and ice pack on your next invoice. If you fail to pay for damaged or lost cooler and ice pack during the time you are working with LKWG, LKWG has the sole right to refuse service to you. If cooler containers, ice packs and jars are not returned to LKWG the week following delivery, LKWG will immediately invoice you a fee of $30. If items are returned damage, LKWG will immediately invoice you a fee of $30. . It is up to LKWG to judge if coolers and ice packs are in suitable condition upon being returned. 6. Refund Policy & Customer Satisfaction. Living Kitchen Wellness Group does not issue refunds. If you are not satisfied with an item for any reason, you should call 416-710-7134 Monday through Friday from 9:00 a.m. until 5:00 p.m., Eastern Time. A representative from LKWG will answer any questions you have and help to mend the issue. Our goal is to please our customers to the best of our ability. 7. Minimum Requirements. LKWG requires a minimum order of 10 meals per week. If you purchase meals below the minimum order the cost per meal will increase to $30/meal. Please contact email@example.com for details 8. Cancellation Policy. Cancellations must be made minimum 5 days (Wednesday) between the hours of 6am-6pm EST prior to delivery (Monday or Tuesday). Cancellation notice is required via email. Cancellations made within 5 days (Wednesday) between the hours of 6am-6pm EST prior to delivery (Monday or Tuesday) will not incur a cancellation/processing fee. Any cancellation requests made after 5 days (Wednesday) between the hours of 6am-6pm EST prior to delivery (Monday or Tuesday), you will incur a $50 cancellation/processing fee. LKWG will collect the cancelation fee by charging your credit card. To avoid any error in email transmissions, one of our company representatives will email or call to confirm receipt of the client's cancellation request. If the client does not receive an email or call within 48 hours of making a cancellation request via email or telephone, a transmission error has likely occurred and it is the client's responsibility to call LKWG to inform us a cancellation request has been sent. 9. Product Availability. It is possible that certain food items will be unavailable, from time to time. LKWG menus are seasonal and in the event an item is temporarily unavailable, LKWG will provide you with a comparable substitute. The nature of the meal delivery is provided on an "As Is" and "As Available" basis; therefore, LKWG is not liable to you if LKWG is unable to supply a particular item. 10. Nutritionist & Liabilities All LKWG staff are trained in nutrition, and are not medical doctors. We do not provide medical advice. All recipes and menu plans are designed by Certified Nutritional Practitioners. By entering into this agreement with LKWG, you acknowledge that LKWG has advised you to seek the advice of your physician or other health care provider if you have any medical questions. Information from LKWG cannot replace or substitute for the services of trained professionals in the medical field. Any concerns with personal health and symptoms that may require diagnosis or medical attention should be referred to a physician immediately. In addition, anyone who is pregnant, nursing, has a health problem, is on medication, has food or other allergies should consult a physician. This program is not intended to treat specific health problems or medical conditions, and is not meant to replace the client's need for medical care by a qualified physician. Neither we, nor our experts, partners, or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result including, but not limited to, economic loss, injury, illness or death. We make no representations or warranties concerning the effectiveness of our products. We shall be in no way responsible for the improper use or storage of our products. 11. Confidentiality & Privacy LKWG values you as a customer and your right to privacy. Except as may be otherwise required by law, LKWG (i) will exercise reasonable efforts to ensure that your information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with LKWG’s meal delivery services or otherwise for LKWG’s general business purposes, and (ii) will not sell your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the LKWG meal delivery service or LKWG’s general business purposes. LKWG may, and reserves the right to, use and disclose internally within LKWG and with its affiliated business partners, any aggregated information, including information you provide to LKWG. 12. Applicable Law These Terms and Conditions and the registration form, collectively constituting the sole and entire agreement between LKWG and you regarding the meal delivery services, are governed by laws of Ontario without regard to conflict of laws and rules. The parties agree to jurisdiction for any dispute hereunder solely in Toronto, Ontario. LKWG has the right to choose the court system, if a conflict should arise. 13. Changes to Terms and Conditions LKWG reserves the right to, with or without notice to you, in LKWG’s sole discretion, amend the Terms and Conditions for use and purchases regarding the meal delivery services. In the event that the Terms and Conditions have changed since your last order, it is your responsibility to review the Terms and Conditions before submitting each order. LKWG has no responsibility to notify you of any changes before any such changes are effective. 14. Terms and Conditions Govern These Terms and Conditions, as amended from time to time, and the information contained in your registration form shall be the sole terms of the agreement between you and LKWG regarding your purchases. All statements otherwise made on the website, or otherwise, are intended only for your convenience and do not form and are not included in the Agreement or the terms for your purchase. 15. LKWG’s Right to Refuse Service LKWG, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. LKWG reserves the right to add, delete or change fees or charges at any time upon notice as provided in this contract. Individuals with severe allergies, that LKWG cannot accommodate, will not be admitted.