Chef to Table Inc. (‘Chef to Table’) owns and operates the website located at www.cheftotable.ca (‘Website’). These Terms of Service (‘Terms’) apply to all users of the Website, including users who upload any materials to the Website, users who use services provided through this website, and users who simply view the content on or available through this Website (‘you’/’user’).

By using this Website and/or our services, you indicate your acceptance of these Terms. If you do not accept these Terms, then do not use this Website or any of its content or Services. These Terms may be amended or updated by Chef to Table from time to time without notice and the Terms may have changed since your last visit to this Website. It is your responsibility to review these Terms for any changes. Your use after any amendments or updates of these Terms shall signify your acceptance of such revised Terms. Any new features that may be added to this Website from time to time will be subject to these Terms, unless stated otherwise. You should visit this page periodically to review these Terms.

Services

Chef to Table enables members who register for an account to order freshly cooked meals and have the meals delivered right to their door (‘Services’). In order to register for the Services you must be at least 18 years old and capable of entering into a binding contract. Currently, our Services are only available to individuals in Canada.

Subscription

Chef to Table Plans

We offer a series of weekly subscription plans that will enable you to receive deliveries every week. You have the option to pause or skip any delivery prior to the Thursday night at 11:59pm preceding your delivery.

If you register for a Chef to Table plan you will be charged for the initial amount at checkout. This will be followed by a weekly charge at the same amount originally billed unless otherwise paused or skipped. By signing up for a Chef to Table plan, you acknowledge that the amount billed each week may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding automatic shipments. To terminate your authorization or change your payment method, log on to your Chef to Table account or email us. We reserve the right at our discretion not to renew your deliveries at any time without giving any reasons for our decision.

See further, “Price and Payment”

Product Quality and Availability

At Chef to Table we believe in offering our customers quality meals at a competitive price. We receive frequent shipments of fresh products to assure you high quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that’s very similar to the item you ordered, we may make a substitution. If you’re not happy with the replacement, please email us.

Chef to Table uses insulated packaging to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We guarantee your products will remain fresh in the delivery box at room temperature (23 degrees Celsius) for five (5) hours from the time of delivery. If the product we deliver to you is not fresh, please notify us by midnight on the day that you receive the order, and we will provide you with a credit which you can use towards another order.

Please note that we reserve the right to limit your order or the quantity of a particular product that you may order.

Nutritional Information

When provided, nutritional information is on a per serving basis. Nutritional information is provided as a guide and we do not guarantee the accuracy of any such information.

Delivery Restrictions

To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Additionally, after your second order with Chef to Table you may elect an alternate receiver located within or near your building or home to accept your delivery. This alternate receiver may accept your goods when you are not present at the time for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman/ concierge, and your alternate receiver are not present, we will use commercially reasonable efforts to contact you. If you cannot be reached, we will make unattended delivery and the package will be left at the indicated delivery address. Redelivery fees will apply should a second delivery visit be required.

Delivery is available on Mondays; check the menu page for exact delivery dates. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Web (in the “My Profile” section of the Site) up until the posted cut-off time for that delivery. You may cancel orders via the “My Profile” section of the Site. Modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will still be charged the full price.

Orders must be received before the posted cut off time for a given delivery. Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to: the Thursday at 11:59 PM Eastern Daylight Time before a Monday delivery. Orders must be canceled by Thursday at 11:59 PM Eastern Daylight Time for Monday delivery date. Cancellation of orders after the required cut off time will result in a full charge.

If you are using our auto-delivery feature, your order will be processed before the deadline. However, if you make a change to your pre-selected meal, you must do so prior to the posted cut off time for the delivery.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

If something is missing from your order, please email us.

Vouchers

We may offer discount promotions and other types of vouchers. In order to redeem a voucher, you must register for an account with us.

A voucher may only be used once by its holder and may not be reproduced or transferred to another party. Vouchers are non-refundable and may only be used to redeem the promotion associated with the applicable voucher.

Risk and Title

The products will be at your risk from the time of delivery. You, and not Chef to Table, are solely responsible for the proper and safe storage of any products you receive through our Services. Any use of our products is at your own risk.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Price and Payment

Product prices include applicable taxes and delivery charges. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.

You may change your payment method at any time by updating your account information. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. This may result in a change to your payment billing dates.

If you register for a monthly membership, your subscription will automatically renew until you cancel it, and you are enrolled to receive shipments each week (‘Weekly Delivery’). You may turn on/off a Weekly Delivery (within order cut off times) at any time per the cancellation details listed below. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to Chef to Table, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.

Proprietary Rights

This Website, and the information and materials that it contains, are the property of Chef to Table and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Chef to Table product names and logos are trademarks or registered trademarks of Chef to Table. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Chef to Table.

Your Passwords and Account Security

You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Chef to Table will not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify Chef to Table immediately of any unauthorized use of your account or any other breach of security.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ‘AS IS’ AND CHEF TO TABLE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CHEF TO TABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND CHEF TO TABLE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CHEF TO TABLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES) OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF CHEF TO TABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHEF TO TABLE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID CHEF TO TABLE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE SUITABLE FOR YOU AND TO ENSURE THAT YOU DO NOT ORDER ANY PRODUCTS THAT YOU MAY BE ALLERGIC TO.

Indemnification

YOU SHALL INDEMNIFY AND HOLD CHEF TO TABLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION.

General

These Terms of Service, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Chef to Table to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Chef to Table must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Chef to Table’s prior written consent. We may assign these Terms to anyone at any time. These Terms shall be governed by the laws of the Province of Alberta without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Alberta for any disputes related to these Terms.

Last updated: June 1 2017