Terms & Conditions
TERMS & CONDITIONS
This website is operated by FitCravings Canada. Throughout the site, the terms “Supplier” , “we”, “us” and “our” which refer to FitCravings Canada . FitCravings Canada offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.1 “Buyer” means the individual or organization who buys or agrees to buy the Goods and/or Services from the Supplier; other terms include “you”, “your”, “the user” refer to the “Buyer”
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6 “Supplier” means Fit Cravings Inc. that owns and operates www.fitcravings.ca; other terms include “us”, “we”, “our”.
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means www.fitcravings.ca
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
2.7 “The Supplier” reserve the right to refuse service to anyone for any reason at any time.
Y”The Buyer” understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
“The Buyer” agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by “The Supplier”.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
3.4 Customers are subject to a minimum order value of $128.03 unless a lower amount is approved by “The Supplier”.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price includes HST if applicable. Delivery fees will be applied at checkout. If delivery is outside the delivery area an additional delivery charge may apply or the “Supplier” has the right to cancel the order and offer a full refund.
4.2 The total purchase price, including HST and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services.
4.4 Payment of the price plus HST and delivery charges, if applicable, must be made at the point of ordering.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6 Installments: If the Buyer purchases a subscription and selects to pay the balance of their order using the installment plan option, then the buyer’s credit card will be automatically charged weekly until the full balance is collected. The payments will be divided up into equal payments depending on the number of weeks the buyer has selected. If the “Buyer” cancels the subscription before the subscription expires then the “Buyer” will pay back any coupon codes applied to the order.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for any reason not limited to repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
6.5 All Prices are subject to change without notice. “The Supplier” reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
“the Supplier” shall not be liable to “The Buyer” or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7 AGE OF CONSENT
7.1 By agreeing to these Terms of Service, the Buyer represent that you are at least the age of majority in your province of residence, or that the Buyer is the age of majority in their province of residence and the Buyer has given the Supplier your consent to allow any of the Buyer’s minor dependents to use this site.
The Buyer may not use the Supplier’s products for any illegal or unauthorized purpose nor may the Buyer, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). The Buyer must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 The Supplier will deliver the goods/services every Sunday and Wednesday evening between 4:00 and 10:00. The Supplier will not provide a guaranteed delivery time between 4:00 and 10:00. The Buyer agrees to be available to receive the goods/services. If the Buyer is unavailable, they will have notified the Supplier in advance to make arrangements or risk being charged a re-delivery fee or forfeit of goods without refund.
If there is a holiday on any Monday during the Calendar year, then meal delivery services will be delayed for one day for this week only. Delivery will then occur on Monday and Thursday evening between 4:00 and 10:00. The Supplier has the right to change delivery at any time and will notify the Buyer.
8.2 The Buyer agrees to be available during the agreed delivery time as set forth on the order form and website. No changes to the delivery schedule can be made by the Buyer without consent by the Supplier. The buyer assumes full responsibility for the delivery and agrees to be available to receive the delivery. In the event the Buyer is not available to receive the delivery during the scheduled delivery date/time, the Buyer will advise the Supplier in advance or risk a re-delivery charge or forfeit of delivery without a refund. The Buyer will provide a cooler with ice outside their dwelling if they are not available to personally receive the delivery, goods/services.
8.3 The Supplier shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
8.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8.7 The delivery drivers are not employed by the Supplier. The delivery drivers are contracted workers who offer their services to delivery your goods/services. If any accident or dispute occurs, it will be between the Buyer and the delivery driver. The Supplier will make every attempt to mediate the disagreement but will not be held accountable for any accidents or disagreements.
9 CANCELLATION AND RETURN
9.1 The Buyer may cancel any order for Goods for any reason up to 72 hours before the scheduled delivery date and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services but must provide at least 72 hours’ notice before the next delivery scheduled and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2 Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
9.3 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
10 LIMITATION OF LIABILITY
10.1 The Suppler does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
The Suppler does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
The Buyer agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the Buyer.
The Buyer expressly agrees that your use of, or inability to use, the service is at the Buyer’s sole risk. The service and all products and services delivered to the Buyer through the service are (except as expressly stated by the Suppler) provided ‘as is’ and ‘as available’ for the Buyer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FitCravings Canada, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10.2 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever
10.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
The Buyer agrees to indemnify, defend and hold harmless FitCravings Canada and their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
The Supplier is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Mississauga, Ontario law and the parties hereby submit to the exclusive jurisdiction of the courts in Mississauga, Ontario.
17 ACCURACY OF BILLING AND ACCOUNT INFORMATION.
The Supplier reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that The Supplier makes a change to or cancels an order, The Supplier may attempt to notify the Buyer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Supplier reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made on the Suppliers website. The Buyer agrees to promptly update the Buyer’s account and other information, including email addresses and credit card numbers and expiration dates, so that the Supplier can complete your transactions and contact the Buyer as needed.
For more detail, please review our Returns Policy.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either the Supplier or the Buyer. The Buyer may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in the Supplier’s sole judgment the Buyer fails, or the Supplier suspects that the Buyer has failed, to comply with any term or provision of these Terms of Service, the Suppler also may terminate this agreement at any time without notice and the Buyer will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Buyer access to the Supplier’s Services (or any part thereof).
19 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – STRIPE
We do not store credit card information on this website. We store only a unique customer identification code. We use Stripe, a payment services infrastructure provider that has in place stringent security measures. Stripe has been certified to PCI Service Provider Level 1, the most stringent level of certification. It maintains high standards of administrative, technical and physical procedures to protect credit card data and personal information from both unauthorized access and accidental loss or modification.
Our store is hosted on Woo Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Woo Commerce data storage, databases and the general Woo Commerce application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Stripe stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Stripe’s Terms of Service https://stripe.com/ca/privacy, https://stripe.com/payment-terms/legal
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
Our website uses “cookie” data to provide better services. They remind us who you are and how you like to use our web site, based on what you’ve done and told us before. The cookie is placed in your computer and is read when you come back to our web site. Cookies let us take you to the information and features you’re particularly interested in. They also let us track your and others’ usage, so we know which parts of our sites are most popular. You can reject cookies or delete them. Google Analytics is used to analyze traffic to this web site. For more details about Google’s privacy practices, please see Google’s privacy center. If you would like your browser to reject cookies, you can instruct your browser to do so, although some site features may become unavailable to you.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information to contact our Privacy Compliance Officer at firstname.lastname@example.org
All items are non-refundable after the service has begun. Refunds will be considered up to 72 hours before the next scheduled delivery. Refunds are subject to approval by FitCravings Canada and our Terms of Service. Please contact us email@example.com.
If you are approved for a refund, then your refund will be processed, and a credit will automatically be applied to your credit card within 5-10 business days.
If you haven’t received your refund within 5-10 business days, first check with your bank and/or credit card company. It may take some time before your refund is posted to your credit card statement
If you’ve done all of the above steps and you have not received your refund,, please contact us at firstname.lastname@example.org.