This agreement (the “Agreement”) is a contract between you (“you”) and Just Be Cooking (“Just Be Cooking”, “us”, “we”, “our”, "JBC"or the “Company”) concerning the conditions associated with the ordering and receiving of meal kits (consisting of ingredients and recipes) made available through your use of the website “justbecooking.com”, in relation thereof (the “Website” and together with the Products and the Meal Delivery Service, the “Service”).
The purpose of the Service is to provide you with (1) meal kit which includes ingredients and instructions to prepare a variety of recipes. The exact nature and content of each box may change which may change from month-to-month. 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 Just Be Cooking user 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 order (or modify your ordering plan) in the manner described herein. You also agree to receive E-mail status on the delivery of your orders. Furthermore, you acknowledge and agree that Fees (as defined below) are subject to change at any time.
ELIGIBILITY FOR USE OF THE SERVICE & PLACING AN ORDER
The Service is not intended for use by anyone under the age of 18. By using the Service, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (c) do not have more than one account to use the Services (a “Just Be Cooking User 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.
TERMS OF SALE
The Services are offered by way of purchases of Products for deliveries.
When you choose a meal kit, you agree that Just Be Cooking (or a third party payment processor authorized by us) is authorized to charge your credit card for: (1) the product (based on your cart selection when opening your Just Be Cooking User Account); and (2) Delivery Fee that may be applicable to your order based on your province of residence.
PRICING & FEES
All prices shown are in Canadian Dollars. Prices are inclusive of all applicable taxes (including Federal and Provincial goods and services, sales or other taxes on consumption or services).
The final amount charged to you (inclusive of all taxes) will be detailed at the checkout page of your order.
We accept no liability to complete any transaction which cannot be cleared by our payment processor, including but not limited to insufficient credit limit on your credit card. If such a situation should occur, you will receive an error message and the transaction will be denied and cancelled. In addition, we may contact you for an alternate valid credit card. Any suspension does not relieve you from your obligation to pay any fees owed to us.
If you are dissatisfied with any Product or ingredient you receive in your kits, please contact us at firstname.lastname@example.org within five (5) days of receiving your order. We will provide a Credit (as defined below) to your Just Be Cooking Account for the equivalent value of the Products you are not satisfied with. We may require you either (i) return the item you are dissatisfied with, at your cost, unless otherwise agreed to with Just Be Cooking; (ii) keep the item and/or (iii) 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@example.com.
We do not currently provide Meal Delivery Services to every region in Canada. You can find out if we ship to your area by signing up & entering your address.
Just Be Cooking generally uses third party services for shipping and therefore all Products purchased are made pursuant to a shipping 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. Just Be Cooking 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 actual delivery times may vary due to weather conditions and other factors, some of which may be outside of our control(“Force Majeure”). 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 the following day. In the event that we remain unable to deliver your Products on the day which follows your originally scheduled delivery day, we will issue you a credit for the purchase price of that order. Notwithstanding the foregoing, you are responsible for the total value of your order if we are unable to complete the delivery at your confirmed address at the specified day 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. We will presume that any individual present at the location is authorized to receive the delivery on your behalf. If there is no one present at the address specified in the delivery instructions we will leave the package unattended at the address you have specified.
You are responsible for inspecting all Products received for any damage or other issues upon their delivery to you. You are 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.
If your order is delivered in boxes, those include insulated liners and dry ice packs that keep your ingredients cool and fresh for up to 24 hours after delivery. However, you are responsible for the Products as of the moment when the courier gives up custody of the Products. 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 the season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly. You are responsible for the Products as of the moment the courier delivers the Products to the address indicated on your order. Please make sure there is someone to attend to the deliveries and store the Product accordingly, upon delivery.
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, 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., 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.
Please note that Just Be Cooking does not make deliveries on Christmas, Boxing Day and New Years.
Notwithstanding any other term and conditions contained herein, the following conditions shall apply to the purchase of alcoholic products. You must be 19+ years of age to purchase alcoholic products (“Alcohol Product”). By purchasing Alcohol Product, you represent that you are 19 years of age or older and you are not purchasing on behalf of anyone younger than 19 years of age. Attended deliveries to a private residence only. Proof that you are 19 years of age or older will be requested upon delivery (driver’s licence, passport or citizenship card).
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 a free meal kit.
User Account Credits
USER 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 Just Be Cooking User Account or otherwise applied to your next purchase 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 an active Just Be Cooking User Account. Cancelling your Just Be Cooking User Account will result in the cancellation of your Credits. You may only redeem Credits after they are applied to your Just Be Cooking User Account. Any decision made by us regarding a dispute as to your Credit balance is final.
You may cancel your order by email to firstname.lastname@example.org, Monday to Friday from 9:00 AM to 5:00 PM EST. The Company also reserves the right to suspend or end the Service if you are in breach of the Agreement, or for any other reasons deemed warranting by Just Be Cooking.
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
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.
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.
You agree to defend, indemnify, and hold Just Be Cooking 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 Just Be Cooking User Account in relation therewith.
Just Be Cooking may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment will (i) set out the new section only, or an amended section along with the section as it read formerly; (ii) set out the date the amendment comes into force; and (iii) if the amendment entails an increase in your obligations or a reduction in Just Be Cooking's obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty or cancellation indemnity by sending Just Be Cooking 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 Just Be Cooking User Account, the automatic expiration of all your Credits and denial of access to the Service.
The Agreement is governed by and construed by the laws of the Province of Ontario, Canada and the laws of Canada applicable therein.
The Agreement is the entire and exclusive agreement between Just Be Cooking and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between Just Be Cooking 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. Just Be Cooking 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.
If you have any concern, question or complaint regarding the Agreement, please contact us at: Just Be Cooking (Mon-Fri 9am-5pm) email@example.com
Updated as of June 2022