1. The Service: MeatMakers.ca provides a subscription based distribution service for biltong and related meat products that allows subscribers of the service (“Users” / “You”) to select a package level (assorted volumes), flavours (i.e. what flavoured biltong you want) through the Website, and then have those products delivered to you on a pre arranged delivery date (the “Service”).
3. Deliveries: When you register for the Services, you will have the option to select delivery or curb-side pick-up. We may deliver products for local orders; all other orders shall be shipped using a trusted carrier partner such as Canada Post. Please note we do not require signature for delivery however the driver may choose not to leave the package, instead delivering to a local access point. Should this occur, it is your responsibility to pick up the order before the depot closes that same day. Should this not occur, MeatMakers.ca does not assume any responsibility for damages or loss of product as a result of the order not being picked up. We cannot guarantee the delivery of any items that do not require a signature, and we expressly disclaim any liability or responsibility for any loss or claim if you do not receive such products, including, but not limited to the cost of procuring substitute goods.
4. User Conduct: In using the Services, you agree that you will provide true, correct and accurate information when registering and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations at all times when using the Services and during any other dealings with MeatMakers.ca.
In using the Website and Service You shall not:
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; that may intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of www.meatmakers.ca or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
• MeatMakers.ca reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of the User Conduct terms of section 4 or this section 5.
6. End User License: The Website and Services and the information and materials contained therein, are the property of Meat Makers, and are protected from unauthorized copying and per the terms of this Agreement, MeatMakers.ca grants you a non-transferable, non-exclusive, license to use the Website for your personal use. Nothing in the Terms gives you a right to use MeatMakers.ca or Meat Makers names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to these Terms.
7. Payments: All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to your credit card on the day your subscription is due to renew, after which delivery will be arranged.
8. Subscription Termination: If you wish to terminate your subscription you may do so at anytime, however, if you wish to cancel you subscription before your next shipment, you must either do so yourself by logging in to your account and using the “Manage Orders” function, or notify us of your intention to terminate your subscription no less than two (2) weeks’ in advance of the scheduled shipment date. If you cancel your subscription less than two (2) weeks’ in advance of your next shipment, your order for that shipment period will still ship (and you will be fully liable for payment) and thereafter your subscription shall terminate, and you will not receive any further shipments.
10. Feedback: If You provide MeatMakers.ca with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), MeatMakers.ca may use such Feedback in the Website or in any other MeatMakers.ca products, services or marketing materials (collectively, “MeatMakers.ca Offerings”). Accordingly, You agree that: (a) MeatMakers.ca is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MeatMakers.ca, (c) MeatMakers.ca (including all of its successors and assignees and any successors and assignees of any of the MeatMakers.ca Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MeatMakers.ca Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from MeatMakers.ca or any of the other users of the Website in respect of the Feedback.
11. Links & Third-Party Websites: This Website may contain links to other websites that are not owned or controlled by MeatMakers.ca. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by MeatMakers.ca of that third party, third party product or service. As such, MeatMakers.ca. is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them, independent of Your use of our Website. The presence on the Website of a link to any other website(s) does not imply that MeatMakers.ca in any way endorses or accepts any responsibility for the content or use of such websites, and You hereby release MeatMakers.ca from any and all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS – The Website and its services, along with all materials presented therein are provided and are understood to be provided in an “as is” condition. MeatMakers.ca specifically disclaims all representations, warranties and conditions; either express, implied, statutory, by use of trade, course of dealings or otherwise; including but not limited to any implied or otherwise offered warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information downloaded or otherwise obtained through the use of the Website is to be done at Your own discretion, risk and with the understanding that sole responsibility for any damage to any computer system, loss of data, or any other loss that may or may not come from downloading or using any such material lies with You. MeatMakers.ca does not, under any circumstances, warrant, endorse, guarantee or provide any conditions, representations, or assume any responsibility for any product or service that may be advertised or offered by any third party through the Website, nor does the Company assume any responsibility in respect to any website that can be reached from a link on our own Website, featured in any banner or other advertising on our own Website. Further, MeatMakers.ca shall not, in any way, be party to any transaction or agreement that you may undertake or enter into with any such third party. MeatMakers.ca shall not be considered nor held liable for any type of content that may be exchanged by means of any third party service.
13. LIMITATION OF LIABILITY: Under NO circumstances shall MeatMakers.ca be liable for any indirect, incidental, special, consequential, exemplary or any other form of damages whatsoever, including, without limitation of any kind, damages that result from –
• Your use or your inability to use our Website or our Service.
• The cost of procurement of substitute goods, data information or services.
• Errors, inaccuracies, or other mistakes in the materials on our Website.
• Personal injury or property damage of any kind arising from or relating to your use of our Website – including, but not limited to, any bugs, viruses, Trojan horses or any files or data that may be harmful to your computer or other communication equipment or data that may have be transmitted to or though our Website.
• Any errors or omissions in any material on our Website, or any other loss or damage of any kind as it relates to Your use of our Website.
• Any damages that may occur to the goods while in transit, after having been delivered to an independent carrier.
• Any product liability claims arising in direct connection to the products, including, but in no way limited to, the product being considered fit for consumption. This limitation shall apply even if MeatMakers.ca has been apprised of the possibility of such damages.
Notwithstanding anything stated to the contrary herein, the Company’s liability to You for any damages arising from or related to this agreement; for any cause whatsoever and regardless of the chosen form of action; will, at all times, be limited to the greater of i) $50 CAD funds or ii) the amounts you have paid to MeatMakers.ca in the previous term of 12 calendar months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
14. INDEMNIFICATION: You do understand, as a condition of site use, that You do indemnify and hold MeatMakers.ca and all of its subsidiaries, affiliates, officers, agents and employees harmless and not responsible from and for all claims, actions, proceedings, demands, damages, losses, costs and expenses (including any reasonable attorney’s fees) You may incur in connection with any materials submitted, posted, transmitted or made available by You through the Website and/or any violation by You of these terms of service.
17. Security: Information sent or received over the Internet is generally unsecure and MeatMakers.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MeatMakers.ca can not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the MeatMakers.ca Website or Service, please contact us at: info@MeatMakers.ca
Effective Date: April 21, 2021