Terms & Conditions
Fresh Prep’s services and website (referred to collectively as the “Services”) are subject to the terms of this agreement between you and Fresh Prep. “Fresh Prep” means Fresh Prep Foods, Inc., a Canadian Federal corporation, whose principal place of business is 4515 West 10th Avenue, Vancouver, BC.
Your agreement with Fresh Prep will always include the terms and conditions set out in this document, referred to as “General Terms”. Your agreement with Fresh Prep will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Legal Terms”. Where Legal Terms apply to a Service, they will be accessible for you to read either within, or through your use of, that Service.
The General Terms, together with the Legal Terms, form a legally binding agreement between you and Fresh Prep in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to as the “Terms”.
If there is any contradiction between what the Legal Terms say and what the General Terms say, then the Legal Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by using the Services. In this case, you understand and agree that Fresh Prep will treat your use of the Services as acceptance of the Terms from that point onward.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Fresh Prep.
Before you continue, you should print off or save a local copy of the General Terms for your records.
Provision of the Services by Fresh Prep
Fresh Prep has affiliated legal entities (“Affiliates”). Sometimes, these Affiliates will provide the Services to you on behalf of Fresh Prep. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
Fresh Prep is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Fresh Prep provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Fresh Prep may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Fresh Prep’s sole discretion, without prior notice to you.
You acknowledge and agree that if Fresh Prep disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.
Membership Eligibility; Purchasing the Services; Use of the Services by You; Cancellation Policy
Membership in Fresh Prep is available to users who are 19 years and older, residents of Canada and whose accounts have not been suspended or removed by Fresh Prep. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account or registration information to anyone else. By using the Services, you represent that you qualify to use the Services.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details and your credit card number) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Fresh Prep will always be accurate, correct and up to date.
By providing Fresh Prep with your credit card number and associated payment information, you agree that Fresh Prep and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. You agree to immediately notify Fresh Prep of any change in the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.
Cancellation policy:, You can cancel your membership with 3 days prior notice to your delivery date as long as you have been a Fresh Prep subscriber for a minimum of 4 weeks.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation. You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by Fresh Prep, unless you have been specifically allowed to do so in a separate agreement with Fresh Prep. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you will not engage in any fraudulent behaviour, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Fresh Prep or any other website associated with Fresh Prep, or while contacting any of our customer service team.
We strive to ensure that the information on the Site is complete and reliable. However, certain information may contain typographical errors and other errors or inaccuracies which we may correct without liability.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
You agree that you are solely responsible for (and that Fresh Prep has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Fresh Prep may suffer) of any such breach.
Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Fresh Prep for all activities that occur under your account. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Fresh Prep immediately of any unauthorized use of your account or any other breach of security. You should contact Fresh Prep at firstname.lastname@example.org Fresh Prep is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Fresh Prep or another party due to someone else using your account or password.
Privacy and Your Personal Information
Content on Fresh Prep
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of or through your use of the Services solely owned by Fresh Prep or have been provided to Fresh Prep by a third party under licence to Fresh Prep. All such information is referred to as the “Content”.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) without the explicit written permission of Fresh Prep.
You acknowledge and agree that Fresh Prep owns all legal right, title and interest in and to the Services, including any intellectual property rights, in the Services.
Unless you have agreed otherwise in writing with Fresh Prep, nothing in the Terms gives you a right to use any of Fresh Prep’s or Fresh Prep’s affiliates or partners that may be listed as part of our Services from time to time, trade names, trademarks, service marks, logos, domain names, and other brand features.
Licence from Fresh Prep
Fresh Prep gives you a personal, royalty-free, non-assignable and non-exclusive licence to use the Services as provided to you by Fresh Prep. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
Ending Your Relationship with Fresh Prep
The Terms will continue to apply until terminated by either you or Fresh Prep as set out in these Terms.
Fresh Prep may at any time terminate its legal agreement with you for any reason, including and without limitation, if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Fresh Prepn is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- Fresh Prep no longer provides the Services to users in the jurisdiction in which you are resident or from which you use the Service; or
- The provision of the Services to you by Fresh Prep is no longer commercially viable, which is to be determined at Fresh Prep’s sole discretion.
Nothing in this Section shall affect Fresh Prep’s cancellation policy.
When this agreement is terminated, all of the legal rights, obligations and liabilities that you and Fresh Prep have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and all other provisions of shall continue to apply to such rights, obligations and liabilities indefinitely.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, THE SITE, & THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FRESH PREP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; FRESH PREP DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FRESH PREP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. FRESH PREP DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FRESH PREP NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “FRESH PREP PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR THE INTERNET. FRESH PREP’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. FRESH PREP RESERVES THE RIGHT TO LIMIT YOUR PARTICIPATION IN THE SERVICE. BECAUSE SOME PROVINCES AND/OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH PROVINCES AND/OR JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Fresh Prep operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
You agree to defend, indemnify, and hold the Fresh Prep Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including legal fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Third Party Websites
The Services may include hyperlinks to third party websites or resources. Fresh Prep may have no control over these websites or resources provided by companies or persons other than Fresh Prep.
You acknowledge and agree that Fresh Prep is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that Fresh Prep is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Fresh Prep may make changes to these Terms from time to time by posting the revised Terms on the Fresh Prep Site and will make them available to you on or through the Services that have been affected by the changed Terms.
You understand and agree that if you use the Services after the date on which the Terms have changed, Fresh Prep will treat your use as acceptance of the updated Terms.
General Legal Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service, download a piece of software, or purchase goods which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Fresh Prep and govern your use of the Services (but excluding any services which Fresh Prep may provide to you under a separate written agreement), and completely replace any prior agreements between you and Fresh Prep in relation to the Services.
You agree that Fresh Prep may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Fresh Prep does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Fresh Prep has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fresh Prep’s rights and that those rights or remedies will still be available to Fresh Prep.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Fresh Prep under the Terms, shall be governed by the laws of the Province of British Columbia and to resolve any legal matter arising from the Terms.