Effective Date: September 6, 2019
Thank you for choosing Flashfood! Flashfood Inc. is a technology platform that connects you, the Shopper, to the surplus food products of our Vendors. Our mission is to reduce food waste by providing you with access to affordable, high quality surplus food.
If you have any questions while you’re going through our terms, please feel free to contact us firstname.lastname@example.org. By using the information, programs, software, features and functionality (our Services) whether via https://flashfood.com (the Website) or our mobile device application for iOS and Android (the App), you acknowledge that you have read these Terms, that you agree with them, and that you have the capacity to enter into a binding contract with us. We encourage you to read these Terms and if you don’t agree with any of them, not to use our Services. We especially highlight that by using our Services, you are agreeing to:
- The method by which you subscribed for our Services (see: “Accessing our Services” at section 2);
- Rules concerning what content and information you can bring to our Services (see: “Using our Services Properly”
at section 5); and
- Flashfood obtaining certain rights to use content related to our Services to improve our Services (see: “Rights in our Services” at section 6).
On certain pages of our Website, we might ask you to agree to extra terms (the Additional Terms). If any Additional Terms conflict with these Terms, the Additional Terms will prevail.
We reserve the right to modify or otherwise update this Agreement at any time by posting the modified version on our Website and App and revising the Effective Date. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email. If you continue to use our Services after the Agreement has changed or notice of the change has been given, you will be deemed to have accepted such changes. Here we’re basically letting you know that to use our service you have to accept these terms. Also, as we grow and our Services evolve, we may need to modify these Terms. We will be sure to let you know when we do!
2 ACCESSING OUR SERVICES
You need an account on our App to access our Services. Using our Services requires data network access. You are solely responsible for all fees charged by your wireless service carrier related to your use of the Services (e.g., data usage fees). You shall also be responsible for acquiring and updating the equipment necessary to access our Services.
Only those who are 18 years of age or older are allowed to use or access our Services or to create an account. If you are not legally an adult based on your local laws, you need to get a parent or guardian to agree to these Terms on your behalf.
We try to make our Services as accessible as possible, but we know that there is always room for improvement! If you have any trouble accessing our Services, please contact us at: email@example.com. You have to be 18 to use our app! We thought long and hard about this, so at this point in time we set the age requirement to 18. Although we will attempt to make our app compatible with most smartphone, it is your responsibility to ensure you have the right hardware/equipment to use the app.
You are solely responsible for the security, maintenance, and all other aspects of your Flashfood account. By using our Services you agree that the account information you provide us with is accurate. We suggest that you take precautions to safeguard your account, including selecting a strong password. By using our Services, you also agree not to do the following with respect to your account:
- share your password or account or buy, sell, rent, or lease your username or account;
- access or attempt to access your account using a proxy, client, or third party app; or
- create multiple accounts or a new account after your original account has been banned or disabled by Flashfood.
While you are free to choose any username that complies with these Terms, be aware that we can reclaim your username at our discretion.
Any issues with account access or security can be addressed to: firstname.lastname@example.org. Please contact our support team right away if you know or have reason to believe that your account has been accessed without your permission.
It’s really important that the email address associated with your Flashfood account is accurate and up-to-date. It will be the main way for us to communicate with you and work around account issues. Stay safe out there, the internet world is a scary place.
Our Services allow users of our Website and App (you, the Shopper) to browse and search for surplus food products by store (by Vendor). Vendors are not affiliates, employees, or agents of Flashfood. Rather, all Vendors are independent organizations offering their products to you through our Services.
Flashfood endeavors to select Vendors that: 1) believe in the core value of reducing food waste; 2) are reputable businesses, are accredited if required, and are in good standing with the Canadian Revenue Agency and other governing authorities; and 3) meet health and safety standards as per local food safety codes and the Canadian Food Inspection Agency.
You acknowledge that Flashfood has no duty to verify any stated credentials, experience or qualifications of any Vendor. If you wish to file a complaint regarding any Vendor, please contact Flashfood at: email@example.com.
We take great pride in selecting Vendors that are at the top of their game! Nevertheless, we cannot guarantee the quality of their products and services. If you have had a negative experience with one of our Vendors, please let us know and we will work to resolve any issues.
4 PAYING FOR OUR SERVICES
Flashfood does not charge any upfront fees for using our Services. As the Shopper, Flashfood’s Services are provided to you to facilitate your purchase of food products from Vendors. Shoppers are able to use our App to browse Vendors’ products available for purchase (Flashsales) and your payments for purchased products are made through our App.
Unless otherwise stated, for purchases from Vendors in Canada, all fees are quoted in Canadian currency. Unless otherwise stated, for purchases from Vendors in the U.S., all fees are quoted in U.S. currency. We currently only accept Visa, Visa Debit, Mastercard, and American Express for payments. You will be asked to provide at least one valid payment method when registering a Flashfood account and to designate a preferred payment method. We encourage you to keep the payment information you provide us with up-to-date. If you do not do so, you authorize us to continue using the provided payment information to bill for our Services until we receive notice that it is no longer valid. Please read section 9 below, entitled “Ending or Changing our Services” for details on cancellation of Services and charges.
Prices for the food products are those set out at the time of purchase; no refund will be granted if the prices change after the moment of the transaction.
To the extent you are granted any credits or rewards, the use of such credits or rewards is limited to our Services and may be subject to additional terms and conditions.
We use third party processors (such as Stripe) to process payments made through our Services. The third parties collect the data and personal information you submit when a payment is made. By submitting personal information to a third party processor, you consent to such collection and storage. The third party processors may be located in countries other than Canada, such as the United States. Please review section 7 below, entitled “Rights of Third parties” for additional information on the relationship of third parties to our Services.
You may be charged local sales tax or VAT, if applicable.
Refunds are not generally available for payments processed through our Services. Flashfood will, however, review requests for refunds on a case-by-case basis. If you are at any time dissatisfied with a product purchased through our Services, please contact firstname.lastname@example.org.
5 USING OUR SERVICES PROPERLY
We want to make sure that our Services provide a respectful environment for all of our users. That is why in order to use our Services, you must agree:
- that our Services are for your personal use only and that you will not use our Services for commercial purposes;
- that you are solely responsible for the safety of your passwords and content, including backing up your content;
- not to use our Services for any purpose that is illegal or prohibited in these Terms;
- not to sell, make available, publish, or deep-link any aspect of our Services;
- not to create derivative works from or exploit our Services or the content provided by our Services in any way;
- not to upload or distribute any viruses, worms, other malicious code, any software intended to damage or alter a computer system or data, or in any way compromise the security of our Services;
- not to use robots, spiders, crawlers, scrapers or the like to obtain user information from our Services;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, or transfer any aspect of our Services;
- not to mine passwords or otherwise attempt to gain unauthorized access to our Services, servers, or networks connected to our Services;
- not to perform any action that interferes with the performance of our Services, its network, or its servers, such as a denial of service attack;
- not to make use of designs, logos, branding, photographs, videos, or any other materials used in our Services without our written consent;
- not to represent or suggest that we endorse any other business, product, or service; and
- not to perform any other action that Flashfood deems to interfere with other users’ use and enjoyment of our Services.
It’s really important to us that you only use our Services for their intended manner - there’s no room for creativity here. Please be considerate and don’t do any “unintended” things listed above.
6 RIGHTS IN OUR SERVICES
Agreeing to these Terms grants you a license to use and access our Services. You agree to only use your license in a way that complies with these Terms. Your license is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable.
When you register an account with us, you can agree that we may send you certain communications in connection with the Website or the App. For example, you can agree to receive updates and notifications from us regarding your account by email, phone call, or via the App.
While we appreciate any feedback you have for us, you should know that you are not entitled to compensation for any ideas you provide us.We may immediately, without notice, terminate this Agreement and/or stop providing access to the Flashfood platform if (i) you have materially breached your obligations under these Terms, the payments terms, our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the property of Flashfood, its shoppers or vendors, or third parties (for example in the case of fraudulent behavior and/or disputing credit charges without cause and without first contacting Flashfood to attempt to resolve the issue).
Flashfood reserves all rights not expressly granted to you in these Terms.
We are just like you, outside of Flashfood we probably use the same services and apps, so we understand what it feels like to be bombarded with constant emails and notifications. In this section, we’re letting you know that we will be sending you some communication from time to time regarding the service…some will be informative, others could include ways to save more money!
Also, while we appreciate all the feedback and ideas, we cannot compensate you for it. However we do leave you with that amazing feeling of knowing your genius idea helped make a wonderful app even better… that’s priceless.
7 RIGHTS OF THIRD PARTIES
While the majority of our Services are developed and owned by us, some of it will belong to or will be provided by other companies, groups, or agencies (the Third Parties). Third Parties and the services they provide will be subject to their own set of terms, which might be very different from these ones, so make sure you read them before using any Third Party services, features, products, or functionality. Flashfood does not take responsibility or liability, directly or indirectly, for the Third Party services or terms, nor are we responsible or liable, directly or indirectly, for any Third Party content that fails to conform to these Terms or our other policies or any damage or loss which is caused or alleged to have been caused in connection with the Third Party’s services. Some of the content on our Services is made available by publishers, users, and other Third Parties.
These Terms do not create or confer any third party beneficiary rights.
Similar to any company out there, we rely on the network services to get things done and deliver an awesome product. Although we aim to partner with companies with similar values, we cannot guarantee everything… and so we caution you to review any third party terms prior to continuing… we cannot guarantee their terms are as fun and reader friendly as ours.
We respect the intellectual property rights of others, and we expect you to do the same. Copyright owners may contact us to request the removal of any infringing content. In certain circumstances, we may terminate users of our Services who infringe the copyright(s), or other intellectual property rights, of others. If you believe that any material that can be accessed via our Services infringes a copyright that you own or control, please let us know us by contacting us at email@example.com.
Napster all over again right?!!? At the end of the day please be considerate to other people’s intellectual property… a lot of the stuff we use today and interact with took several hours to craft and prepare. You would feel the same if someone claimed and benefited from that wonderful screenplay you’re writing every day at Starbucks.
9 ENDING OR CHANGING OUR SERVICES
You may notice that parts of our Services change over time. This is all part of our pledge to deliver the best service to our users. To make that happen, we may update, change, remove, replace, stop or suspend our Services or any part of our Services at any time, without notice.
If you are unhappy with our Services, or decide that you no longer want to be bound by these Terms, you can terminate your Agreement with us by cancelling your Flashfood account.
We can also terminate the Agreement for a number of reasons, like if we decide that you have breached these Terms or if your account has been inactive for a prolonged period of time. Any outstanding balance on your Flashfood account becomes immediately due and payable upon termination of the Agreement for any reason and any remaining credits you may have on your account will expire upon termination.
Even after this Agreement is terminated, you and Flashfood will both still be bound be sections 7, 8, and 10-18 of these Terms. Additionally, we accept no liability relating to the termination of this Agreement, the termination of your account, or any content that may be deleted along with your account.If we need to contact you about these Terms, you: (i) agree to receive electronic messages from us; and (ii) agree that all terms and conditions, notices, disclosures, agreements, and other messages we send you electronically satisfy all legal requirements as if they were in writing.
We are a growing company! As we evolve, we will need the flexibility to change our Services. This may result in a disruption, but don’t worry, we will do our best to make any changes as seamlessly as possible. Also please remember that if at any time you feel that this is no longer a good fit then feel free to terminate your account with us. We would be sad to see you go and would appreciate a quick note as to why you chose to leave our community firstname.lastname@example.org.
10 LIMITATION OF LIABILITY
(This provision may not apply to you if you are a consumer residing in Quebec) TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR THIRD PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOU USE, MISUSE, OR RELIANCE UPON OUR SERVICES, OR YOUR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF FLASHFOOD KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON OUR SERVICES OR ANY CONTENT THEREIN EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CDN).
FLASHFOOD IS ONLY RESPONSIBLE FOR THE SECURITY OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. FLASHFOOD IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS OR MAKE USE OF OUR SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER) ARISING OUT OF OR IN CONNECTION WITH A VENDOR’S SUPPLY OF FOOD UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, FOOD QUALITY AND FOOD REGULATORY ISSUES).
SOME JURISDICTIONS DO NO ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE. THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT OUR SERVICES WILL BE SUITABLE FOR EVERY PERSON IN EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY INFORMATION YOU RECEIVE AS PART OF THE SERVICE IS APPLICABLE FOR ANY PARTICULAR PURPOSE.
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS WEBSITE AND APP. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF OUR SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN OUR SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. OUR SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NOTHING IN OUR SERVICES CONSTITUTES ADVICE, NOR SHOULD OUR SERVICES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT OUR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
(This paragraph may not apply to you if you are a consumer residing in Quebec) USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF OUR SERVICES OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
You agree to indemnify, defend, and hold harmless Flashfood, our directors, officers, employees, suppliers, affiliates, agents, and their respective successors and assigns against any and all complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including, legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly: (1) your use of, misuse of, reliance upon, or access to, our Services; or (2) your breach of these Terms. Flashfood reserves the right, if it so chooses, to assume the exclusive defense and control of any matter that you are required to indemnify at your expense. You agree to cooperate with our defense of any such claim, including foregoing acceptance of any offers to settle and refraining from making any such offers without the consent of Flashfood. We will make a reasonable effort to notify you of any claim that is captured by this section.
13 GOVERNING LAW
(This paragraph may not apply to you if you are a consumer residing in Quebec) This Agreement is to be governed by and construed under the laws of Ontario, Canada, excluding any body of law governing conflicts of laws. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law. You also waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
If the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of Ontario, Canada, then your local jurisdiction and venue will apply to any disputes arising out of or related to this Agreement. You agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.
14 INTERNATIONAL ACCESS
We are aware that our Website and App may be accessed from countries other than Canada. Nothing on our Website or App stands to represent or warrant that any of our Services are or will be available outside of Canada. If you access and use any of our Services outside Canada, you are responsible for complying with your local laws and regulations.
The validity and enforceability of these Terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.
These Terms are not assignable, transferable, or to be sub-licensed by you except with Flashfood’s prior written consent. Flashfood may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Flashfood’s decision not to enforce a provision in these Terms will not constitute a waiver of that term. Throughout these Terms, the word “including” will mean “including without limitation”.
18 ENTIRE AGREEMENT
These Terms constitute the final, exclusive, and entire agreement between you and Flashfood. Any prior agreement you may have had with Flashfood is superseded by these Terms.
Flashfood welcomes comments, questions, or suggestions. Please send your feedback to email@example.com.