FOODABLY

TERMS AND CONDITIONS

SECTION 1- TERMS AND CONDITIONS

These Terms explain the rules and guidelines concerning the use of (www.foodably.ca) for the purpose of ordering our products and services. The terms, conditions, rules, and statements contained on this page constitute an agreement between you as the buyer (“purchaser”, “user”, “you”) and us (“our”, “we”, “Foodably”, “Foodably Inc.”) and anyone using our website for the purpose of accessing our products and services.

SECTION 2 - ELIGIBILITY FOR WEBSITE

You must be 18 years and older to order food products (also referred to as “meal kit(s)”, “lunch kit(s) from our website and possess a valid Canadian credit card or debit card. We collect personal information from your user account such as full name, email address, address (buzzer codes) and we use a third-party payment gateway to process your online order. We only deliver to Calgary addresses and reserve the right to cancel orders placed outside of our service area, and we reserve the right to increase your delivery fee depending upon your delivery address.

SECTION 3 - COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF FOODABLY

The content contained on Foodably’s website may include (but is not limited to) videos, images, logos, illustrations, texts, graphics, audios, products, clips, drawings, descriptions, and every other form of intellectual property (“content”) available on or through the website is the sole property of Foodably Inc. Without the express and duly authorized consent of Foodably Inc. none of the content on our website can be sold, reproduced, redistributed, modified, or transmitted in any form.

SECTION 4 – PAYMENT POLICY

Users of our services must purchase products using a valid Canadian credit card or debit card. We use a third-party payment gateway to collect payment information exclusively for the purpose of processing your meal kit orders. Please read our Refund Policy.

SECTION 5 - PERSONAL RESPONSIBILITIES OF USERS

If you create an account for the purpose of ordering food products from us, you will be responsible for all activities happening under your account.
5.1. By Becoming a User of Our Website, You Acknowledge and Warrant That:

As a user you acknowledge, warrant, and confirm that at the time of registration you will provide accurate and authentic information.
You will not reproduce, duplicate, copy or resell any part of our website or any material available through our website except to the extent expressly permitted by the owner of our website.
You agree that you will not use our website and its services for unlawful purposes and your usage of our website must be in accordance with official policies and regulations of the Terms and Conditions of our website.
You will not upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs, or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content.
You will not participate in chargeback-fraud. Doing so will result in legal proceedings against you.

SECTION 6 - CONDUCT AND AUTHORITY OF FOODABLY

Without limiting any of those representations or warranties, the owner (and/or moderator) of Foodably has the right to do the following without giving any notice.

They have the right to refuse, cancel, or remove any user, material, content from the website, in their reasonable opinion, violates any of the policy or is in any way harmful or objectionable.
They at their own discretion can terminate or deny access to and use of the website to any individual, member, user, or entity for any reason without providing any clarification.

SECTION 7 - THIRD-PARTY DISCLAIMER

We may present links on our website which may lead to other websites and social media platforms. We assume no risk and are not liable for the content, accuracy, safety, or quality of materials found therein. We are not liable for the opinions, business advice, programs, emails, blogs, products, videos, or services referenced in any linked websites and do not offer any formal endorsement. We will only be sharing these links for informational purposes, partnerships, and for advertising.

SECTION 8 - INACCURACIES AND MISTAKES DISCLAIMER

Foodably will make reasonable effort to ensure that the information on our website is accurate, however we do not take responsible for any inaccuracies of facts in articles, descriptions, listed prices, e-mails, programs, and services due to typographical errors.

SECTION 9 - ALLERGEN AND INGREDIENTS DISCLAIMER

All vegan, vegetarian, and meat meal kits are prepared in the same facility with safe food handling procedures in place to minimize the possibility of cross contamination. You, the buyer, understand and acknowledge that Foodably products contain some known allergens which may include (but not limited to) eggs, dairy, wheat (gluten), mustard, coconut, soy, cocoa, and other products. We do not use peanuts in any of our food products and while we take extreme cautions to minimize the risk of cross contamination, we cannot guarantee that our food products are safe to consume for people with peanut or gluten specific allergies. Please do not purchase our food products if you or your child have allergies to any of the food ingredients listed above. By purchasing meal kits through this website, you the buyer confirm and accept the risks involved and absolve Foodably, the owners, team, and affiliates, and known associates from any liability that may arise due to an allergic reaction or cross contamination.

SECTION 10 - FORCE MAJEURE DISCLAIMER

By using Foodably’s services you confirm and affirm that the CEO, staff and team members, employees, shareholders, directors, consultants, affiliates, or partners of Foodably and Foodably Inc shall not be held liable for factors beyond their control and for any loss or damage sustained to your technical environment, including your computers, software, network equipment (modems, routers, telephones, etc.) and any equipment used to access or use the Service and/or information. Similarly, we will not be liable for, nor be in default because of any failure or delay in completion of this service, where such failure or delay is caused, in whole or in part, by any pandemics, endemics, emergencies, lockdowns, by any acts of God, civil war, civil commotion, riot, strike, mutiny, revolution, fire, flood, fog, war, lightning, earthquake, change of Government policies, unavailability network system, force majeure events, or any other cause of peril which is beyond our control and which has the effect of preventing the performance of service by Foodably.

SECTION 11- WAIVER OF LIABILITY

By using the services of our website and platform you hereby agree, affirm, and confirm that you will not bring any lawsuits, legal proceedings, or any claim against us in any way. You agree that you fully and completely hold harmless, indemnify and release the CEO, staff and team members, employees, shareholders, directors, consultants, affiliates, or anyone else affiliated with Foodably (website and company) from any and all damages, causes of action, liability, suits, allegations, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to our website, videos, and services, even if we were aware in advance of the possibility of any such claim.

The users, buyers and anyone who is using our website hereby waives, releases, and forever discharges any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which the buyer or buyer’s heirs, next of kin, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in any activity related to our website, its services and its courses, videos and content.