Terms & Conditions
This agreement (“Agreement”) constitutes a contract between you (“you”) and The Kitchen Door Catering Company Limited (“Kitchen Door”, “us”, “we”, “our” or the “Company”) concerning the conditions associated with the ordering and receiving products (the “Products”) made available through your use of this website, any subdomain and any other platform (including any mobile applications) in relation thereof (the “Website” and together with the Products, the “Service” or “Services”). Please read all of the following terms and conditions carefully before using the Service.
By accessing the Website and/or using the Service you agree to all the terms and conditions stated in this Agreement.
- Eligibility to Purchase Product: Kitchen Door’s Products and Services are not targeted toward or intended for use by anyone under the age of eighteen (18). By using the Services, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) have not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service, and (c) 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.
- Prices, Product Description and Availability: All prices down are in Canadian dollars and do not include 15% HST. While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we may on the exercise of our discretion treat the order as cancelled.
- Order Deadline: Orders must be placed by 1:00 pm (AST) for next day delivery and/or pick-up (Tuesday-Friday).
- Delivery Schedule: In ordinary circumstances, deliveries will be made between 1:00 pm (AST) and 5:00 pm (AST). Delivery dates are estimates and actuals may vary due to weather conditions and other factors, some of which may be outside of our control. 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 on the following day. You are responsible for the purchase price of the Products if we are unable to make your delivery at your confirmed address at the specified time due to reasons caused by you.
- Temperature: Products are delivered cold. Heating instructions are provided where necessary. It is your responsibility to prepare Products to a temperature and state appropriate and safe for human consumption.
- Inspection of Received Product: You are responsible for inspecting Products 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 by email at email@example.com or by phone at (902) 832-5213.
- Responsibility Post-Delivery: You are responsible for the Products as of the moment that delivery is effected. 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 season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly. 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 provincial and federal departments of health and the Canadian Food Inspection Agency (CFIA) to reduce risks of foodborne illnesses including such recommendation for at-risk groups (i.e. for 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.
- Failed Payment: We accept no obligation or liability to complete or process any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise.
- All Sales Final: All sales are final upon ordering. Should an Product not meet your expectations, please contact us immediately by email at firstname.lastname@example.org or by phone at (902) 832-5213.
- Expiration Dates: All expiration dates are marked on individual Products. Please see your purchased product for more information. We recommend that all products be used/consumed on or before the marked expiration dates.
- Force Majeure: Kitchen Door will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, pandemic of any type, major health crisis, state of emergency, or boycott.
- Proprietary Rights: Kitchen Door has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Kitchen Door.
- Disclaimer of Warranty and 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 non-infringement, 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.
- Indemnification: You agree to defend, indemnify, and hold Kitchen Door 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.
- Amendments: Kitchen Door may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Kitchen Door’s obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty or cancellation indemnity by sending Kitchen Door 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 Kitchen Door Account and denial of access to the Service.
- Applicable Law: The Agreement is shall be governed by and construed by the laws of the Province of Nova Scotia, Canada and the laws of Canada applicable therein.
- Entire Agreement: The Agreement is the entire and exclusive agreement between Kitchen Door and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between the Kitchen Door and you regarding the Service.
- Assignment: 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. Kitchen Door shall be allowed to assign the Agreement to any third party without requiring your consent.
- No Joint Venture: Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.
- Invalidity: 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.
- Contact: If you have any concern, question or complaint regarding the Agreement, please contact us please contact us by email at email@example.com or by phone (Monday to Friday between 9:00 am (AST) and 4:00 pm (AST)) at (902) 832-5213.