Terms & Conditions of use

Last update: July 27th 2015

Welcome to the MissFresh Inc. (“MissFresh”) website, located at missfresh.com (the “Site”). This page explains the terms by which you may use our online and/or mobile services, web site, software, meal ingredients, recipes or other products made available through the site provided on or in connection with MissFresh (collectively the “Service”). Your access or use of the Service at any time constitutes acceptance of the Terms of Use (the “Agreement”) in effect at that time whether or not you have a registered account at MissFresh (“Account”). This Agreement applies to all visitors, users, and others who access the Service (“Users”). We may modify the Terms from time to time, effective upon posting to the Site. If you do not agree to any of these terms or any future terms, your only remedy shall be to not use or access (or continue to access) the service.

Eligibility

You may use the Service only if you form a binding contract with MissFresh and only in compliance with this Agreement and the applicable provincial, national, and international laws, rules and regulations. In order to use the Sites, you must be 18 years of age or older. By using the Sites, you represent and warrant that you (i) are 18 years of age or older, (ii) are a legal resident of Canada, (iii) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in removal or suspension from the Sites, (iv) do not have more than one MissFresh account, and (v) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use and access to the Service; this includes financial responsibility of any items you purchase through the Service.

The Service is not available to any Users previously removed from the Service by MissFresh. MissFresh reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

Access and use of the site

MissFresh grants you a limited, non-exclusive access to use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to MissFresh’s prior written consent.

You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) compromise the system integrity or security (c) violate any local, provincial, national or international law; or (d) delete or modify any content on the Site.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to MissFresh, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other MissFresh Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MissFresh shall have no liability for your interactions with other Users, or for any User's action or inaction.

You may be required to create an Account at MissFresh in order to gain access to additional functionality provided within the Service that we may establish and maintain from time to time and in our sole discretion. By creating an account, you agree to (i) provide accurate, current and complete account information, (ii) maintain and update sporadically as necessary your account information, (iii) keep your password secure and accept all risks of unauthorized access to your account including all information you provide to us, (iv) immediately notify us of any breach of security or unauthorized use of your Account and (v) never use another User's Account without permission. MissFresh will not be liable for any losses caused by any unauthorized use of your Account.

Additional functionality provided within the Service may also made available through different social media platforms such as but not limited to Facebook, Google, LinkedIn, Pinterest and Twitter (referred to as “Connect tools”). You must have an active account with these social media platforms in order to access the Service through Connect tools, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies provided by the social media platforms and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through a Connect tool, MissFresh may require that your MissFresh user ID be the same as your user name for the social platform used. If you sign into MissFresh through a Connect tool, you will provide your social platform account credentials to MissFresh, and you are consenting to have the information in that account transmitted into your MissFresh account, and you agree that you shall only use the social platform accounts owned by you, and not by any other person or entity.

Privacy policy

Our Privacy Policy [https://www.missfresh.com/en/privacy] also governs your access to and use of the Site and information you provide or we collect on or through the Site, and is incorporated into these Terms by reference.

By accessing the Service, registering for the MissFresh newsletter, sending an e-mail to MissFresh or otherwise communicating with MissFresh through the Site, you are communicating with MissFresh electronically, and you agree to receive electronic communication from MissFresh, by e-mail and by posting to the Site including but not limited to any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes.

Please review the Privacy Policy to learn about information we collect and how we use and disclose such information.

User content

Some areas of the Service allow Users to post content such as photos and profile information, comments, questions, product reviews, recipes and other content or information (any such materials a User or third party submits, posts, displays, or otherwise makes available on the Service are referred to as "User Content").

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  • Your User Content and MissFresh's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  • MissFresh may exercise the rights to your User Content that are granted to MissFresh under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  • All your User Content and other information that you provide to us is truthful and accurate.

By posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to MissFresh a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and MissFresh's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; however, MissFresh will only share your personally identifiable information in accordance with our then-current Privacy Policy [www.missfresh.com/en/privacy]. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

You acknowledge that User Content is not endorsed by MissFresh and do not reflect the opinion, recommendation or advice of MissFresh in any manner, and agree that MissFresh is not responsible for, and has no liability in connection with, the User Content. If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.

MissFresh reserves the right, but is not obligated, to reject and/or remove any User Content that MissFresh believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the Copyright Office or any other rights organization.

Copyright

All content on the Site, including, without limitation, the text, graphics, images, audioclips, logos and icons, and the compilation and layout of content on the Site, is the property of MissFresh and protected under Canadian and international copyright laws. Software used on the Site is the property of MissFresh or its software vendors and is protected under Canadian and international copyright laws.

Trademarks

MissFresh and other names and logos used for MissFresh or its products or services are MissFresh’s trademarks in Canada and other countries. MissFresh’s trademarks may not be used without MissFresh’s prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages MissFresh or its products or services. Trademarks and trade names on the Site that are not owned by MissFresh are the property of third parties, who may or may not be affiliated with MissFresh. Reference to any Products, services, processes or other information by name, trademark, manufacturer, suppliers or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MissFresh.

Links and Third Party Content

The Site may include links to sites owned or operated by third parties or content, advertisements and promotions from third parties. These are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. MissFresh is not responsible for the content of any third party site or for the practices of its owner or operator and is not liable in any manner for your interactions with Third Party Content.

Security

MissFresh cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Terms of Sale

Our meal plans are all offered under a subscription model (“Subscription”). When you register for a subscription, you acknowledge and accept that (i) MissFresh (or our third party payment processor) is authorized to charge you on a weekly basis for your subscription for as long as it continues, (ii) your subscription is continuous unless you have chosen to ‘skip’ a specific week, cancel your service entirely or we have decided to interrupt your service in accordance with these terms, (iii) the amount billed may vary due to changes to your plan selection, promotional or referral offers, or changes in applicable taxes or other charges and (iv) certain products ordered as part of your meal plan may be substituted due to the perishable nature of the items and seasonality factors.

Terms of Sale

Our meal plans are all offered under a subscription model (“Subscription”). When you register for a subscription, you acknowledge and accept that (i) MissFresh (or our third party payment processor) is authorized to charge you on a weekly basis for your subscription for as long as it continues, (ii) your subscription is continuous unless you have chosen to ‘skip’ a specific week, cancel your service entirely or we have decided to interrupt your service in accordance with these terms, (iii) the amount billed may vary due to changes to your plan selection, promotional or referral offers, or changes in applicable taxes or other charges and (iv) certain products ordered as part of your meal plan may be substituted due to the perishable nature of the items and seasonality factors.

If you are dissatisfied something you have received in your box, please contact us at hello@missfresh.com within three (3) days of receiving your order. Depending on the circumstances and at our sole discretion we may replace the items you are dissatisfied with or provide you a full or partial credit of your purchase. We may require you keep the item or provide photographic documentation of the item you are dissatisfied with.

You may cancel your subscription at any time by emailing us at account@missfresh.com and following the instructions in the email we respond to you. However, if you have decided to cancel your account after an order cut-off date, the cancellation will only take effect for the following delivery. Also, we will continue to send you promotional communications about MissFresh following your cancellation unless you have opted-out of these emails.

All of our Products are subject to availability, and we reserve the right to reject all or part of an order, to discontinue offering certain Products and to substitute Products without prior notice. All prices are shown in CAD dollars, and we reserve the right to adjust prices at sole discretion, at any time and without notice. If we change the amounts associated with your specific Subscription, we will provide you with advance notice of such changes a week prior to your next delivery. The shipment of the subscription to you following the notice of change in amounts will confirm your acceptance of such changes.

The products you purchase are for your own use and you are not permitted to resell or use the Products for any commercial purposes.

Payment and Billing Information

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your MissFresh account, you can do so at any time by logging into your account and editing your payment information.

Deliveries

We do not currently deliver meal ingredients to every region in Canada. You can find out if we ship to your area by signing up and you will be notified once we start shipping to your specified address. You can also pick up your box at our warehouse location.

MissFresh generally uses third party services for shipping and therefore all products purchased are made pursuant to a shipment contract whereby the title to and the risk of loss of such products passes to you upon delivery of the Product to the third party service. Additionally, following delivery, the condition and consumption of the Products are at your own risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products. MissFresh shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of items to its customers. However, the company does not assume responsibility or liability for any action(s) or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a third party.

Shipping times and dates are estimates and actuals may vary due to weather conditions and other external factors. In the case of events beyond our control that may interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible or we will cancel your meal delivery for that particular period and issue you a credit or refund of the purchase price for that delivery. If we are unable to deliver at your confirmed address at the specified time due to other reasons (of your own), we will attempt to redeliver the package to you the following day and you will be charged a redelivery fee of 20$. If the second attempt is unsuccessful, we will charge you the redelivery fee as well as the full charge of the package. The company will always use its best judgement to cooperate with customers which may have experienced delivery inconveniences.

When the third party courier service arrives, they will generally leave the package with you directly at your door, unless you have specified additional delivery instructions when setting up your account (ex: leaving package with neighbor or on front porch). If the package is left with someone other than you, the same terms and conditions would apply to this person. Our boxes include insulated liners and iced gel packs that keep your ingredients cold and fresh for several hours after they are delivered to you. However, we recommend you keep in mind season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly.

You are responsible for inspecting items upon their delivery for any damage or other issues including but not limited to the freshness of the Products you receive. Ingredients should arrive in a cool and refrigerated condition, below 4°C (use a thermometer if in doubt). Although unlikely, if you have any reason to believe that a Product in your delivery is not suitable for consumption, please contact us immediately at hello@missfresh.com.

Upon reception and to reduce risks of foodborne illnesses, you should immediately refrigerate all perishable items and follow refrigeration, food safety, safe food handling instructions and food consumption recommendations for at-risk groups (i.e. for pregnant women, young children, elderly and individuals with compromised immune systems) from the Ministry of Agriculture, Fisheries and Food of Quebec (MAPAQ) (or in Ontario, Ministry of Agriculture, Food and Rural Affairs, OMAFRA) & Canadian Food Inspection Agency (CFIA) to reduce risks of foodborne illnesses. You should use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked at recommended internal temperatures.

Referral credits

MissFresh may provide MissFresh Users referral credits when Users invite their friends to join MissFresh. Referral Credits may be awarded to the referrer when their friends join, as well as when their friends make their first purchases.

Referral Credits are granted at MissFresh’s sole discretion. In order for a User to be eligible to receive Referral Credits for friends joining MissFresh, the new friend must join MissFresh via the referring User's unique referral link. Referral Credits are loyalty or promotional discounts or credits offered by MissFresh, and do not constitute an account, a payment instrument or other property owned by any MissFresh user. Referral Credits do not have a cash value, and you may only use Referral Credits in connection with a qualifying purchase on the MissFresh website. MissFresh reserves the right to revoke your Referral Credits if MissFresh determines that you have engaged in fraudulent referral activity (e.g. inviting fake people to join MissFresh) or otherwise violated our Terms of Use, or or if we terminate your Account. Referral credits expire 6 months after they are granted. Referral credits are not transferable or sellable, are not gift cards, and cannot be used to purchase MissFresh gift cards. MissFresh reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including expiration period and/or your ability to redeem existing Referral Credits, MissFresh does not impose any fee on your use of Referral Credits.

Our proprietary rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "MissFresh Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MissFresh and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the MissFresh Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MissFresh under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MissFresh does not waive any rights to use similar or related ideas previously known to MissFresh, or developed by its employees, or obtained from sources other than you.

Indemnity

You agree to defend, indemnify and hold harmless MissFresh and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.

Disclaimers

THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MISSFRESH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. MISSFRESH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MISSFRESH SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MISSFRESH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WE STORE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR CANADIAN ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN OUR PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR HEALTHCARE AND KNOWING ABOUT ANY FOOD ALLERGIES OR INTOLERANCES YOU MAY HAVE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE PRODUCTS AND THEIR CONTENTS, THEIR PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISSFRESH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL MISSFRESH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISSFRESH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MISSFRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

BECAUSE SOME PROVINCES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, MISSFRESH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND MISSFRESH’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE.

No waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MissFresh's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MissFresh without restriction.

Governing Law and Jurisdiction

You agree that the statutes and laws of the province of Québec, without regard to conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, the Site and Services. You and MissFresh also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of the Province of Québec with respect to such matters.

Entire Agreement / Severability

This Agreement, together with any amendments and any additional agreements you may enter into with MissFresh in connection with the Service, shall constitute the entire agreement between you and MissFresh concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

General

The Site is controlled and operated by MissFresh, Inc. from its headquarters in Montreal, Quebec, Canada. MissFresh makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction, including but not limited to export and import regulations. MissFresh reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.

These Terms, as they may be amended from time to time, set forth the entire understanding of you and MissFresh as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions about these Terms or the Site? Please contact us hello@MissFresh.com