Terms & Condition

Introduction

Welcome to the TOOFRESH Apps website. THIS AGREEMENT GOVERNS YOUR USE OF THE TOOFRESH APPS AND ALL OF ITS DIVISIONS, SUBSIDIARIES, AND AFFILIATE OPERATED INTERNET SITES WHICH REFERENCE THESE TERMS. Please read these Terms and Conditions carefully before placing orders on the TOOFRESH App. By placing an order via this App, you accept that these Terms and Conditions are binding to you.

Introduction

We are TOOFRESH (“our App”), operating under TOOFRESH Inc. in Ontario, Canada. ​

Definitions

• “Terms and Conditions“, refers to these Terms and Conditions, Privacy Policy and any other instructions you have received.
• “Privacy” refers to our policy regarding the collection, use and storage of your personal data.
• “You”, “your” and “you” refer to you, the person who enters our App and places an order through this App or any other channel provided by TOOFRESH App for Fresh Meat ordering.
• “We”, “us” and “TOOFRESH” refers to the business operated by TOOFRESH Inc. on our App or any other channel provided by TOOFRESH Inc.
• “Goods” is a reference to the products we offer on our TOOFRESH App, and any other channels.
• “Services” is a reference to the services we offer through our TOOFRESH App, Website and any other channels.
• “Delivery” is a reference to all forms of Delivery, which are offered on by TOOFRESH App by TOOFRESH Inc. Logistics and our Delivery Partners (Independent delivery service providers) – collectively referred to as “Delivery Partners”.
• “Pick up” is a reference to you, the user, collecting items you have ordered via our TOOFRESH App, and any other channels.
• “App” is a reference to our mobile application (TOOFRESH App) where we offer Goods and Services, and;
• “Website”, “Site” is a reference to our Website www.TOOFRESH.CA, where we offer Goods and Services through.

Order

• Any agreement for the purchase of Meat/Food/Groceries entered into through our TOOFRESH App is between you and the app TOOFRESH; any agreement for Delivery entered through this site is between you and our delivery partners (participating independent Delivery Contractors) offering delivery service, and any agreement for order Pick Up entered through this site is between you and the Local Butcher Shop. You particularly confirm to proceed carefully when entering your data on TOOFRESH App and you ensure that this data is correct and complete at the time of your order. You also warrant that the given credit card, debit card and mobile wallet data is your data, and that you have sufficient funds to make the payment.
• By accepting these Terms and Conditions you agree that in allowing your order of the Goods from our TOOFRESH App, we do not, under any circumstance act as your agents.
• Goods and Services purchased through this App /website are intended for your own use only. You agree not to resell the Goods you have purchased. In this agreement, you act as principal and not as an agent for another party.
• Please note that some of our Goods and services may only be suitable for certain age groups. You should check whether the Goods are suitable for the intended recipient.
• The usage of this App requires your email address and password. Keep the combination of this data secret.
• We will exercise high due diligence, whether or not it is our duty to do this, to ensure the safety of your order and payment information. Saving any negligence on our part, we cannot be held liable for losses or damages caused by a third party who has obtained unauthorized access to your data via our TOOFRESH App.
• Each order you place through TOOFRESH App is based on availability; availability of stock, their Delivery capability/delivery capability of our delivery partners and acceptance of your order. When you place an order online/via our TOOFRESH App, a confirmation will automatically be sent to you via email and on the TOOFRESH App through push notifications. Please contact us immediately, if your data is not correct. The confirmation email/push notifications do not guarantee that we, or our delivery partners can process your order.
• The confirmation email will contain the delivery/pick up information, the estimated delivery/pick up time and the price of the order. If the Service and / or the Goods are not available or the delivery capacity is not sufficient, you will be immediately notified.
• If your order can be processed, the local butcher shop will accept your order and you will be notified automatically via email and the TOOFRESH App.

Payments

• All prices on this Website are correct at the time of publication. We as well as delivery partners, reserve the right to change prices, Goods and/or Services, including the delivery fee at any time. All prices include VAT.
• All prices displayed on the TOOFRESH App are the prices for services and/or goods at the moment of listing them on our platform. While we exercise great care to keep these data up-to-date, it may be possible that prices displayed are not correct. We will contact you directly about the price difference and you can choose to cancel the order or proceed.
• We reserve the right to stop Goods and/or Services on our platform without further notice.
• The total costs of your ordered Goods and/or Services, including Delivery and other costs, is displayed at check out. All Goods and/or Services must be paid online via credit card, debit card or mobile wallet. We reserve the right to add other payment methods or remove other payment methods without notice, to better improve your payment experience on our TOOFRESH App.
• Payment security Credit card: All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and our site’s registered domain name are checked and verified, ensuring the cardholder and merchant that nobody can impersonate the card processor to obtain confidential information. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. The Card Processor’s internet servers are protected by firewalls and intrusion detection systems. The Meat Shop owner does not have access to credit details.

Delivery

• The delivery time displayed is estimation only and therefore can differ in reality. Goods will be delivered to the specified address.
• All delivery orders are delivered by a delivery agent/authorized person of the participating delivery partners that offer such a service.  Delivery partners will give their best efforts to deliver the order within the specified time. Neither TOOFRESH nor the Delivery Partners will be liable for any costs, loss or damage suffered due to late delivery of orders. If the Goods are not delivered within the time specified by and/or delivery partners, then please contact our customer support team; [email protected] or call: 1 888-328-8267.
• If an order does not arrive on time, neither the Delivery fees nor the order payment will not be refunded.
• At the time of handover to the recipient, all risks in relation to the Goods are passed to the recipient.
• If you are not able to receive the order at the time of delivery, we will not be able to deliver the order at another specified time and will not provide any refunds. At such time, your order will be delivered back to the store and left on pickup shelf.
• You should make the necessary precautions to ensure easy and safe Delivery of the Goods. We exclude all liability for damage and/or costs of the Goods ordered, if it is the result of negligence on your part to provide and/or to make adequate precautions for the Delivery.
  • Delivery partners shall endeavour to ensure:
  • That the order will be delivered to the specified address:
  • within the specified time:
  • inform you in case the order is expected not to be delivered within the specified time.
• Please note that it may not be possible for delivery partners to deliver in all areas.
• If you choose the Pick-up option, when you place an order, an estimated time of when your order will be ready for pick up will be communicated to you. The pick-up time displayed is an estimation only and therefore can differ.
• You have the responsibility to pick up your order. Should you not pick up your order, you will be liable for the costs of that order. If you paid for it by Credit Card, Debit card or mobile wallet, you will not receive a refund for failing to pick up your order. All orders not picked within 24hours, will be placed in garbage.

Cancellation, Errors, and Refunds

• Your order cannot be cancelled via the TOOFRESH App.  If you want to cancel an order, after you have placed it, you must immediately contact our customer care via email: [email protected] or via telephone at: 1 888-328-8267. Your cancellation should include your order number and the reason for cancellation. If the local shop accepts your cancellation, no cancellation fee will be charged. If we refuse the cancellation because e.g. the order has already been prepared, the cancellation will not be accepted.
• If the cancellation is done on time and accepted by the shop owner, we will refund your payment to the payment option you used at the time of order, as soon as possible.
• We reserve the right to terminate an order for Delivery or Pick Up, when Goods are out of stock or are no longer available. In which case, we will inform you and we will return any payment made by you for the ordered Goods and Services.
• In the unlikely event that the wrong order is delivered to you, you have the right to reject it. You will immediately be reimbursed for the payment made. If we can only prepare a part of your order e.g. because certain Goods are not in stock, then we will contact you and ask if you would like to replace this part of your order with something else or if you would like to be refunded for the missing Goods. You have the right to refuse a partial order before it is delivered. We are not responsible for incorrect or partial orders. This issue should be discussed directly with local meat shop or our customer support department.
• We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price, Delivery service charges via the TOOFRESH App.  However, should there be any errors of whatsoever nature on the TOOFRESH App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or sale based on any error, the rejection of an order or the cancellation of a sale, save to the extent of refunding you for any amount already paid.

More Information

• You warrant that any information you have provided for your order is correct and complete.
• You agree that we may use the information you have entered or saved, to process your order and for marketing and credit control purposes. Purposes which also may include: To provide your information to third parties where we think that their services are interesting for you, or if this is necessary to provide our services. More information can be found in our Privacy Policy.
• You are entitled to ask us for a copy of your personal data known to us. Please contact us if you wish to obtain a confidential copy.

Third-Party Link

• There may be a number of links on TOOFRESH APP that may be of interest to you. However, we do not represent third parties and do not guarantee the quality of their products and/or services. Moreover, we are not responsible for the content of these websites and/or the products / services they offer.

Complaints

• We take complaints very serious and strive to reply within five working business days. All complaints should be emailed to: [email protected]

Intellectual Property Rights

• Service Content, Software and Trademarks: You acknowledge and agree that the service may contain images and descriptions of fashion items and other content (collectively, “Service Content“) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TOOFRESH, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the service or the service content, in whole or in part, except that the foregoing does not apply to your own User content (as defined below) that you legally upload to the service. In connection with your use of the service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the service or the service content other than as specifically authorized herein is strictly prohibited. The technology underlying the service (including the Software distributed in connection therewith) is the property of TOOFRESH, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the service (including the Software). Any rights not expressly granted herein are reserved by TOOFRESH.
• The TOOFRESH name and logos are trademarks and service marks of TOOFRESH (collectively the ” TOOFRESH Trademarks”). Other company, product, and service names and logos used and displayed via the service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TOOFRESH. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of TOOFRESH trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of TOOFRESH. Trademarks will inure to our exclusive benefit.
• Electronic Communications: When you use our services, or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
• Third Party Material: Under no circumstances will TOOFRESH be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the service. You acknowledge that TOOFRESH does not pre-screen items or content, but that TOOFRESH and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, TOOFRESH and its designees shall have the right to remove any item or content that violates these Terms of Service or is deemed by TOOFRESH in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
• Infringement Policy: TOOFRESH respects the intellectual property of others, and we ask our users to do the same. TOOFRESH will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• The above information should be sent to TOOFRESH INC. Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: TOOFRESH INC.SUPPOR[email protected]

Disclaimer of Warranties

• Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. TOOFRESH expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
• We try to accurately copy the item names, descriptions, prices, special offer information, allergy warnings and other information from the menus that are provided to us by you. However, it is the vendors that are responsible for providing this menu information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, content information, you should confirm with the shop directly before ordering.
• TOOFRESH makes no warranty that (i.) you will be able to purchase any items through the service or that the service will otherwise meet your requirements, (ii.) the service will be uninterrupted, timely, secure, or error-free, (iii.) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any goods, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Limitation of Liability

• We take ALL information shared on TOOFRESH App very serious, we make it our duty to protect all your personal information. We apologize for any errors or omissions on our App. We cannot guarantee that the use of this App will always happen smoothly. We cannot guarantee that this App is free of viruses or bugs. We cannot guarantee the full functionality, accuracy and reliability, and we exclude all liability for accuracy and use of this App.
• By accepting these Terms and Conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third-party website, or your consumption of any food or from a us.
• We exclude all liability for our goods and/or services. This does not affect your statutory rights as a consumer. Should we be held responsible for losses and/or damages suffered by you, such responsibility will be limited to the amount you have paid for the costs and / or Services. We are not liable for damages, costs, releases and/or other (in)direct losses (including loss of profit) arising in any way whatsoever. This limitation of liability does not apply in case of personal injury or death that is the direct result of negligence.
• We are not responsible for late deliveries, errors, omissions, or loss of transmitted information, viruses or other infections or destructive products that affect your computer from our App.
• We are not liable for errors or delays of our services, by acts or omissions beyond our reasonable control, such as a natural disaster or an act/omission of a third party.
• When we entered into an agreement to provide identical/similar orders to more than one customer and we are unable to fulfil our obligations due to force majeure, we reserve the right to choose at our discretion which orders we will fulfil and to what extent.
• The goods sold by us are for your own use. Therefore, we are not liable for any (in)direct loss, loss of data, loss of income or profit, loss or damage caused to property and / or loss by third parties arising from the use of this App or any goods or services purchased through us.
• We have taken all possible care to prevent internet fraud and ensure that all data is stored as safely as possible. However, we exclude any liability for the unlikely event that a third party has hacked or broken into our network, devices, servers or those of third parties.

Indemnity and Release

• You agree to release, indemnify and hold TOOFRESH and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

General

• All prices and fees are indicated in CAD (Canadian Dollars)
• We reserve the right to outsource contracts or parts of contracts occasionally and we reserve the right to renew or modify these Terms and Conditions without your approval being necessary. The use of this TOOFRESH App and the use of our services following any such change constitute your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this App.
• Payments must be completed at the time the order is placed. Accepted payment methods are: credit card, debit card and mobile money. If it is not paid on time, we will cancel your order.
• Do not use or launch an automatic system or program in connection with our app or ordering possibilities.
• You shall not collect personal information through our App, use our communications systems for commercial purposes, to provide without reason advertisement to users of our App, publish or collect any coupon codes or codes for our App, hack or mutilate our App.
• The Terms and Conditions together with the Privacy Policy form the entire agreement you enter into with us. No other condition will form part of the agreement. In the event of a conflict between these Terms and Conditions and any other provision created on the App, these Terms and Conditions prevail.
• If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
• The Terms and Conditions and the entire agreement shall be governed by Canadian law. The parties hereby agree to the exclusive competence of Canada courts for conflicts arising from the Terms and Conditions.
• A delay in the use of our rights under this agreement shall not be considered as a waiver of such rights unless expressly stated in writing.

Changes to Terms of Service

• You can review the most current version of the Terms of Service at any time at this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Please contact us at [email protected] to report any violations of these Terms or to pose any questions regarding these Terms or the Service. Feel free to send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to the support page on the website or to our email address: [email protected]

Last Updated: MARCH 1, 2020