This agreement (the “Agreement”) is a contract between you (“you”) and Yumm (“Yumm”, “us”, “we”, “our” or the “Company”) concerning the conditions associated with the ordering and receiving of ingredients or recipes, content or other products (the “Products”) (the “Meal Delivery Service”) made available through your use of the website “yumm.ca”, any subdomain and any other platform (including any mobile applications) in relation thereof (the “Website” and together with the Products and the Meal Delivery Service, the “Service”). Please read all of the following terms and conditions carefully before using the Service.

By accessing the Website, using the Service or selecting “I Agree” upon creating your Yumm Account (as defined below), you agree to all the terms and conditions stated in the Agreement. If, at any time, you do not or cannot agree to the terms of the Agreement, you must cease using the Service by cancelling your Subscription in the manner described herein.

The term “Residents of Québec” refers to residents of Québec who enter into a contract to which the Consumer Protection Act (Québec) applies.

Eligibility for use of the Services and Placing an Order

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service, (c) do not have more than one account to use the Services (a “Yumm Account”), and (d) have full power and authority to enter into the Agreement and in so doing will not violate any other agreement to which you are a party.

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into Service. We reserve the right to include or exclude you from these tests without notice.

Terms of Sale

The services are offered by way of a subscription (the “Subscription”). When you register for a Subscription, you agree that: (1) Yumm (or a third party payment processor authorized by us) is authorized to charge you credit card for your Subscription, and that we are authorized to charge you until such time that your Subscription is cancelled, (2) should you wish to “skip” a week or cancel your subscription, you must provide us notice on: (i) Wednesday before midnight if your delivery is scheduled on Monday, Tuesday or Wednesday, or (ii) Saturday before midnight if your delivery is scheduled on Thursday and Friday, otherwise you will receive the Service as scheduled, (3) the amount you will be charged per week may change if you modify your plan selection, benefit from a Special Offer or the application of Credits, or if there are changes to applicable taxes or other charges, (4) the purpose of the Service is to provide you with the ingredients and instructions to prepare a variety of recipes which change from week to week; and (6) to receive promotional information regarding the Service.

All prices are shown in Canadian dollars (and are exclusive of applicable taxes).

We accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message and the transaction will be denied. Moreover, we may suspend your Yumm Account and contact you so you can provide us with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to us.

Please consult your Yumm Account for more information on the pricing and features of our different Subscription plans. You acknowledge being bound by the terms and conditions of the Subscription plan you have selected.

Return Policy

If you are dissatisfied with any Product you have received in your box, please contact us at [email protected] within five (5) days of receiving your order. We will provide a Credit (as defined below) to your Yumm Account for the Products you are not satisfied with. We may require you keep the item or provide photographic documentation of the item you are dissatisfied with.

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 be delivered to you in a cool and refrigerated condition, below 4°C. 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 [email protected]

Delivery

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.

Yumm 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 products to you. Following the 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. Yumm is not responsible or liable 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 factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will attempt to deliver your Products on the following day. In the event that we remain unable to deliver your Products on the day which follows your original scheduled delivery day, we will issue you a Credit for the purchase price of that delivery. You are responsible for the purchase price of the Products if we are unable to make your delivery at your confirmed address at the specified time due to reasons caused by you.

We consider the Products delivered when the third party courier service arrives, and surrenders custody of the Products in accordance with the delivery instructions you have specified in your Yumm Account. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no individual present at the location specified in the delivery instructions we will leave the package unattended at the address or location you have specified. You are responsible for insuring the clarity and completeness of the delivery instructions provided to us.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon their delivery to you. You are solely responsible for determining the freshness of the Products you receive. You should use a thermometer to confirm that the internal temperature of any meat, poultry, fish, seafood or other perishable ingredients are in cool and refrigerated condition, below 4°C. Should the Products not be fresh upon their delivery to you, please let us know and we will handle the matter in accordance with our return policy.

Our boxes include insulated liners and iced gel packs that keep your ingredients cold and fresh for up to 24 hours after your delivery arrives. You are responsible for the Products as of the moment when the courier gives up custody of the Products in accordance with the instructions in your Yumm Account. You are responsible for a Product degradation as a result of any events (including the passage of time) after the delivery of the Products. Please keep in mind season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly.

Upon reception and following inspection of any delivered Products, you must immediately refrigerate all perishable items and are responsible for following refrigeration, food safety, safe food handling instructions and food consumption recommendations 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 including such recommendation for at-risk groups (i.e. for pregnant women, young children, elderly and individuals with compromised immune systems). You should use a food thermometer to ensure that all meat, poultry, fish, seafood and other applicable items are cooked at recommended internal temperatures.

We may from time to time designate certain locations as “pick-up points” where you can collect the Products. Should you chose to receive your Products at a pick-up point, we will consider the products delivered when they are made available to you for pick-up at the specified pick-up point. You are responsible for collecting your Products within the timeframe specified in your shipping confirmation.

Special Offers

We may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of Products (each a “Special Offer”). The terms of a Special Offer shall be contained or otherwise transmitted therewith and otherwise governed accordingly. From time to time, a Special Offer may consist of a promotion for free meal(s) upon the opening of Yumm Account or re-subscribing to a Subscription (a “Free Meal Special Offer”).

Should you take advantage of a Free Meal Special Offer, and such Free Meal Special Offer ends, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of the Free Meal Special Offer. Instructions for canceling your Subscription are described in herein. Please note that you may not receive a notice from us that your free meal special offer has ended or that the fully paid portion of your Subscription has begun.

Account Credits

As a result of certain situations, we may issue you credits of a promotional value that will be automatically applied to future purchases made by way of your Yumm Account or otherwise applied to your Subscription, as applicable (the “Credits”). Credits, are promotional in nature, are not transferable, may only be redeemed as instructed by us and are not exchangeable for cash or other property.

Credits only remain available if you maintain both an active Yumm Account and an active Subscription. Cancelling your Subscription or Yumm Account will result in the cancellation of your Credits. You may only redeem Credits after they are applied to your Yumm Account. Any decision made by us regarding a dispute as to your Credit balance is final.

Termination

You may cancel your Yumm Account or your Subscription at any time by accessing your Member Area or contacting our Member Happiness Team by email ([email protected]). The Company also reserves the right to suspend or end the Service if you in breach of the Agreement, or for another serious reason.

Disclaimer of Warranty and Limitation of Liability

EXCEPT FOR RESIDENTS OF QUÉBEC, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

EXCEPT FOR RESIDENTS OF QUÉBEC, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT COMPANY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THE AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold Yumm harmless, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service as well as the Yumm Account in relation therewith.

Amendments

Yumm may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Yumm’s obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty or cancellation indemnity by sending Yumm a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of the Agreement, the automatic deactivation of your Yumm Account and denial of access to the Service.

General Provisions

The Agreement is shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable therein. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.

The Agreement is the entire and exclusive agreement between Yumm and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between the Yumm and you regarding the Service. Except that the Agreement may be supplemented by the terms of any Special Offer we may make to you.

You shall not assign or otherwise transfer the Agreement or any of its rights or obligations hereunder to any third party without our prior written consent which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under the Agreement. Subject to the foregoing, the Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Yumm shall be allowed to assign the Agreement to any third party without requiring your consent.

Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.

If a particular provision of the Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from the Agreement and shall not affect the validity of the Agreement as a whole.

The Parties have expressly requested that the Agreement be drawn up in English and that all modifications thereof can be made in this language.

Contact

If you have any concern, question or complaint regarding the Agreement, please contact us at:
Goodfood Market Corp.
4600 rue Hickmore
Montréal, Québec H4T 1K2 Canada
[email protected]

The current Agreement last update was on August 30th 2018.