Top Meals Inc.  Terms & Conditions

Top Meals Inc.  Terms & Conditions

 

Please read this agreement carefully to ensure you understand each provision.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Welcome to Top Meals Inc.’s (“Top Meals”) website. By using our website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in Canada or the United States, or its possessions and territories. Top Meals makes NO claims that the Site OR ANY of its content is accessible from outside the United States or Canada. Should you access our Site outside of the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.

 

Eligibility

By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.

 

Important Health Information for people with or without any medical condition

People with certain conditions MUST HAVE physician approval prior to start buying or consuming any Top Meals products; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old,  (e) nursing mothers, (f) people with any medical condition. People with these or any other serious health conditions must seek physician approval before starting buying or consuming any Top Meals products.

 

Health Claims

By purchasing from Top Meals, you acknowledge that Top Meals does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain or lose weight with Top meals products. Failure to lose or gain weight or meet your dietarian desired results will not be grounds for a refund or to seek any damages against Top Meals Inc.

 

TOP MEAL PRODUCTS ARE NOT MEDICALLY SUPERVISED. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES, REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO BUYING OR CONSUMING OUR PRODUCTS.

 

Nutrition Information

Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients according with standards and the US department of Agriculture information and Health Canada. The nutritional information for meals at the time of their preparation is reflected on the labels on our meals containers.

 

Free Shipping

Free shipping is offered for clients in the Toronto, Canada GTA area, including the following regions: Toronto, Durham, Halton, Peel, York, Dufferin and Simcoe. Top Meals reserves the right to deliver direct in their own delivery vans or via mail, using Canada post or any other carrier of its choosing.

Some customers may be excluded based on carrier availability. You can always see if you can receive free shipping by creating a new Top Meals subscription at your desired address.

 

Food Substitution Policy

Although Top Meals takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Top Meals is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.

 

Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Top Meals’ food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.

 

Please Note: Top Meals’ food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts. Top Meals facility located in Milton, Ontario is NOT a peanut free facility.

 

Shipping Problems

We use third-party carriers (Canada Post, Purolator, FedEx Ground) to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need.

 

Protect Your Account

When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Top Meals for losses incurred by Top Meals or another party due to someone else using your account or password. Top Meals has the right to disable any user name, password or other identifier, whether chosen by you or provided by Top Meals, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.

 

Content Posted by You

Content posted by you includes, but is not limited to, ratings and reviews of meals, and postings on Top Meals’ bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content (“Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

 

By submitting or posting content to the Sites, you grant Top Meals, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Top Meals will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Top Meals owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Top Meals, using or incorporating content posted to the Sites. For more information, please review Top Meals’ Privacy Policy.

Top Meals is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.

 

Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Top Meals reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Top Meals, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:

 

  • Using the site for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Top Meals in its sole discretion or pursuant to local community standards. Top Meals takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”;
  • Harassing, threatening, stalking, or abusing any person; or

 

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Top Meals, exposes Top Meals or any of its customers or suppliers to any liability or detriment of any type.

 

Top Meals reserves the right-but is not obligated-to do any or all of the following:

  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  • Terminate a user’s access to the site upon any breach of these Terms and Conditions;
  • Monitor, edit, or disclose any posting on the site; and
  • Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

 

Top Meals may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

Without limiting the foregoing, Top Meals has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Top Meals to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.

 

YOU WAIVE AND HOLD TOP MEALS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TOP MEALS, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY TOP MEALS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

 

Top Meals has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if Top Meals, in its sole discretion, considers your use to be unacceptable. Top Meals may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.

 

Top Meals Intellectual Property

The entire contents of the Site or Sites are copyrighted as a collective work under the laws of Canada and other copyright laws. Top Meals holds the copyright in the collective work. The collective work includes works which may be property of other members.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Top Meals or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

 

You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Top Meals. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

 

Trademarks

The Top Meals name, logo and all related brands and names, logos, product and service names, designs and slogans are trademarks of Top Meals Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Top Meals. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

 

You can send information by mail to Top Meals Inc. 295 Alliance Rd. Unit 10, Milton, ON. L9T 4W8, ATTN: CEO. In an effort to protect the rights of copyright owners, Top Meals maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

 

Warranties

The Sites and/or Site and the content are provided on an “as is” and “as available” basis.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, TOP MEALS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS FOR PARTICULAR PURPOSE.

 

Top Meals makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Top Meals cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Top Meals cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Top Meals cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Top Meals does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.

 

Top Meals may disable all or any social media features and any links at any time without notice in our discretion.

 

Limitation of Liability

TOP MEALS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TOP MEALS IS TO DISCONTINUE YOUR USE OF THE SITE. TOP MEALS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TOP MEALS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, TOP MEALS’ AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Indemnification

You agree to indemnify, defend, and hold Top Meals, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.

 

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario Canada, without regard to its conflict of laws rules.

 

Resolving Disputes — Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling our customer service department at 289 851-6821. If Top Meals’ customer service department is unable to resolve a complaint you may have to your satisfaction (or if Top Meals has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

 

You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR TOP MEALS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case, shall there be a class arbitration).

 

Waiver and Severability

No waiver by Top Meals of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Top Meals to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Top Meals with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.