This Website is owned and maintained by UpMeals which is the trading name of UpMeals Technologies Inc. a British Columbia company with its principal place of business at 1395 Boundary Rd, Vancouver BC V5K4T9.
Applicability of Terms and Conditions
Your use of this website and all orders placed using it are governed by these terms and conditions. Please make sure that you read these terms and conditions carefully. If you do not agree with anything set out in these terms and conditions do not use the website and do not place an order through it. By using the website you are agreeing to these terms and conditions. The terms and conditions may be updated from time to time by us, without notice, and as such it is your responsibility to check this page, from time to time, as any updates to the terms and conditions will come into effect and be binding on you, as a user of the website and the offered services, when any revised terms and conditions are posted on our website.
Account and Data
In order to purchase products from our website you will need to provide certain information such as your name, address, email address, telephone number and method of payment. You will also have the opportunity to create an account on our website that will allow us to store your contact information and your purchase history so that we can contact you with sales promotions and information on our products and services, as well as making purchases on our website easier for you.
By creating an account you consent to our contacting you from time to time about UpMeals products and services. We take the confidentiality of our customers’ information very seriously and will not share your contact information or purchase history outside of UpMeals. Your provision of personal information through the website is governed by our Privacy Policy, which can be viewed on our website.
You agree not to share your account login and password with anyone. You will immediately notify us if you become aware of any unauthorised use of your account.
We reserve the right to use your purchase history data, in an anonymized form, for sales analytics and for business planning purposes.
If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
Website Content
While we aim to ensure that all information on our website is current, complete and accurate, we are not responsible for any errors or omissions on our website. We will endeavour to update the website as soon as reasonably possible after becoming aware of an issue with any of the information on the website.
Changes to Products and Pricing
We reserve the right in our sole discretion, without notice, at any time and without liability, to:
- modify prices of products;
- add new products; and
- suspend or discontinue the sale of some products.
Area of Service
We aim to provide fresh food in as many locations as possible but may not be currently able to service your location. Areas of service will be stated on our website and may change from time to time.
Currency and Payment
All prices quoted on the website are in Canadian Dollars. Applicable taxes and shipping fees will be added to your order at the time of check-out. Payment must be made with a valid payment method that is accepted by our payment processor. Acceptable payment methods will be specified at the time of check-out and are subject to change from time to time.
Delivery and Returns
Estimated delivery times will be provided at the time of checkout.
As UpMeals sells fresh food, all sales are final and it is not possible to return or cancel orders once placed. If for some reason you are not completely satisfied with the quality of our food please reach out to us as soon as possible and we will do our best to make things right. We encourage you to take pictures of any unsatisfactory products so that we can better understand and resolve the issue.
Disclaimer of Warranties and Limitation of Liability
By using our website you do so at your own risk. To the fullest extent permitted by law, the website (including its content) is provided on an “as is” basis. UpMeals expressly disclaims any and all representations, warranties or conditions of any kind, whether express or implied, regarding the website, including without limitation those of or relating to the accuracy, completeness, reliability, quality, suitability, availability, merchantability, fitness for a particular purpose, non-infringement of intellectual property or violation of rights with respect to the website, or that the website will be uninterrupted, error-free, free of viruses or other harmful components or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties, accordingly in those jurisdictions such warranties are excluded to the maximum extent permitted by law.
You understand and agree that we may suspend or terminate the service provided by the website or your access thereto, in whole or in part, at any time, for any reason, without notice or liability to you.
In no event will UpMeals be liable to you, or any third party, for any loss, damage or liability, whether direct, incidental, indirect, special, punitive or consequential, and including, without limitation, lost revenues, lost profits, lost data, lost reputation or goodwill, anticipated or otherwise, under any theory of liability, regardless of any fault or wrongdoing arising from or in connection with your use or inability to use the website, even if UpMeals knew or should have known of the possibility of such loss, damage or liability being incurred. To the extent permitted by applicable law, without limiting the generality of the foregoing, under no circumstances shall UpMeals’ aggregate liability to you exceed, to the extent permissible by law, the amount of fees paid by you to UpMeals during the 6 month period immediately preceding the date of any claim giving rise to such liability.
Indemnification
You agree to indemnify, defend and hold harmless UpMeals, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, or arising out of, your use of our website in breach of these terms and conditions. We reserve the right to assume the defence and control of any legal action brought by a third party, subject to indemnification under these terms and conditions, at your cost. You agree to co-operate with any legal counsel appointed by UpMeals in such defence.
If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
Intellectual Property
All rights, title and interests, including intellectual property rights, in our website and its content are owned by UpMeals. Unless otherwise stated, all materials published on the website are protected by copyright and intellectual property laws. We reserve all of our intellectual property rights (including without limitation, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) in the world. Your use of the website and your placing of an order through it shall not be construed as conferring any transfer of rights to you of any of our intellectual property or other proprietary rights.
Without limiting the foregoing, the product names, company names and logos used on the website may be trademarks, including registered trademarks owned by us, an affiliate or a third party. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without our or the relevant party’s prior written consent.
Severability
In the event that any provision of these terms and conditions is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of these terms and conditions will remain in full force and effect.
Waiver
Any waiver or failure to enforce any provision of these terms and conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing and agreed to by UpMeals.
Entire Agreement
These terms and conditions, together with the UpMeals privacy policy, constitute the entire agreement between UpMeals and yourself with respect to your use of our website and the purchase of products from UpMeals through the website.
Law and Jurisdiction
These terms and conditions and your use of the website will be governed by and construed in accordance with the laws of British Columbia and the applicable federal laws of Canada therein without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts of British Columbia, Canada and agree that such venue is the proper venue for all legal disputes arising under these terms and conditions and the use of the website.
