Terms of Service
Please read carefully before using this website or accessing the Subscription Services we provide.
Fraîche Meal Plan is a digital platform (the “Platform”) offering meal plans (the “Meal Plans”) on a subscription basis (collectively, the “Subscription Services”) and is accessible at fraichetable.com and any other websites or applications through which we make the Platform available from time to time (collectively, the “Website”). The Website is owned and operated by Fraiche Nutrition Inc. (“us”, “we”, “our”).
If you use or access the Website, you are indicating that you have read, and that you understand and agree to comply with, and be legally bound by, the following terms (the “Meal Plan Terms”), whether or not you become a registered user of the Subscription Services. In addition, you agree to comply with and be legally bound by the general Terms of Use and Privacy Policy set out on the fraicheliving.com website, which are incorporated into these Meal Plan Terms and form part of your contract with us.
1. Acceptance of Meal Plan Terms
Your use of the Website and Subscription Services is expressly conditional upon your accepting and agreeing to these Meal Plan Terms. If you use the Website or Subscription Services, you will be deemed to have accepted these Meal Plan Terms.
2. Meal Plan Terms of Use Subject to Amendment
We may, at any time, for any reason, and without notice, make changes to: (a) the Meal Plans, (b) the Subscription Services, (c) the Website, or (d) these Meal Plan Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement will take effect when posted to the Website and will be subject to these Meal Plan Terms, as amended from time to time. By continuing to use the Website or Subscription Services, you will be deemed to have accepted and agreed to be bound by any such changes.
3. The Subscription Services
The Website and Subscription Services comprise an online platform with related technology through which we make Meal Plans available on a subscription basis. Unless explicitly specified otherwise in thePlatform, our responsibilities are limited to facilitating the availability of the Website and Subscription Services.
4. Account Registration
In order to access the features of the Platform, you must register to create an account (“Account”). If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as required by our registration form (the “Registration Data“);(b) maintain and update the Registration Data to keep it true, accurate, current and complete; and(c) be responsible for all activities that occur under your Account.
If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Meal Plan Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Subscription Services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on the Platform, you are not permitted to share your Account with anyone or allow others to access or use your Account. You must immediately notify us of any unauthorized use of your Account.
5. Fees
Fees for the Subscription Services (“Fees”) may vary depending on certain conditions in accordance with our pricing and payment policies, which we may change from time to time. We may choose to temporarily change the Fees for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.
Unless otherwise stated, all fees are quoted in Canadian Dollars and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You must have a payment method on file in order to use the Subscription Services and you are responsible for paying all Fees and applicable taxes associated with your use of the Website and Subscription Services with a valid payment method by the payment due date applicable to your Account.
If your payment method fails or your account is past due, we may suspend or terminate your Account and refuse any and all current or future use of the Subscription Services until full payment is made.
Payment of the Fees is not a promise or guarantee of any particular result. You understand and agree that the availability and suitability of the Meal Plans may depend on a number of factors, including without limitation your particular health or other personal circumstances, your access to proper equipment and cooking tools, and the ingredients available in your region.
6. Cancellation and Refunds
Due to the digital nature of the Meal Plans, we do not offer refunds or exchanges on any SubscriptionServices purchased from our Website. You may cancel your subscription at any time by adjusting themembership settings in your Account. Cancellations must be made no later than the day prior to the renewal date of your subscription. Subscriptions that are not cancelled on the day prior to the renewal date will be automatically renewed on the renewal date. For clarity, any payments made up to and including the date of cancellation will be non-refundable.
7. Copyright
The Meal Plans and all related content made available through the Website are protected by copyright as a collective work or compilation under the copyright laws of Canada and international copyright laws and treaty provisions. Reproduction of the Meal Plans, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Meal Plans.
8. Licence
When you purchase Subscription Services on our Website, we grant you an ongoing, non-exclusive, non-transferable, worldwide license to use the Meal Plan you have purchased for the duration of your subscription. By purchasing Subscription Services, you do not gain ownership, nor can you claim the Meal Plan as your own.
9. Usage of Meal Plans
The Subscription Services are intended for personal use only and may not be used for any professional, commercial, or other business purposes. Meal Plans may only be used by the purchaser. Your purchase of Subscription Services does not entitle you to modify, share, resell, redistribute, or copy the Meal Plansin any form.
10. Software Requirements
Our Subscription Services do not include the software needed to view the Meal Plans. Before purchasing Subscription Services, please make sure you have an appropriate version of a web browser to view the Meal Plans. While we expect that our Meal Plans will be accessible through most web browsers, we do not make any representations or guarantees that the Meal Plans will be accessible with a particular web browser.
11. Medical Advice
The Meal Plans are designed for individuals who are in good general health and may not be appropriate for individuals with pre-existing medical conditions. You acknowledge that a change in diet may activate, aggravate, or otherwise affect pre-existing medical conditions. You are solely responsible for seeking appropriate medical advice prior to commencing a new diet or making use of our Meal Plans or any related resources we may make available on our Website. We are not medical professionals, nor do we provide any medical, health, or nutrition advice or advice of any kind in connection with our Meal Plans.Any recipes, instructions, or other content included with our Meal Plans or made available on our Website are for general informational purposes only and are not intended to be a substitute for professional medical advice or treatment.
12. Food Safety
You acknowledge that cooking, food preparation, and food consumption involve inherent risks including the use of sharp tools, hot stoves, and other hot surfaces, as well as potential for allergic reactions and food poisoning. You are solely responsible for (a) carrying out only those activities you feel safe and comfortable with; (b) ensuring you have the necessary skills to carry out the instructions set out in the recipes included in our Meal Plans; and (c) following appropriate food safety guidelines when preparing the meals included in our Meal Plans, notwithstanding the instructions set out in the recipes included in our Meal Plans.
13. Allergies
We do not guarantee that the ingredients included in the Meal Plans, or ingredients you choose in preparing the recipes in our Meal Plans, will be free of allergens or otherwise safe for consumption. All information provided in our Meal Plans should be used as a starting point for your own review. You are solely responsible for reading product labels and ensuring the ingredients you use do not contain allergens or affect other medical conditions you may have.
14. Dietary Restrictions
While we have made every effort to ensure the ingredients in our dietary specific Meal Plans meet the respective dietary restrictions, we cannot make any absolute statement of dietary status, nor do we guarantee that the ingredients you choose in preparing the recipes in our Meal Plans will be appropriate for your specific dietary restrictions. All information provided in our Meal Plans should be used as a starting point for your own review. You are solely responsible for reading product labels and ensuring the ingredients you use meet your specific dietary needs and restrictions.
15. Accuracy of Information
The information contained in our Meal Plans is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the Meal Plans for any purposes.
16. No Representations or Warranties
Our Meal Plans are made available to you on an “as is” basis and your use of the Meal Plans, and any reliance you place on the Meal Plans, is entirely at your own risk, for which we will not be liable. We expressly deny any and all warranties and representations, express or implied, regarding the Meal Plans. For greater certainty, we do not represent nor warrant that your purchase of the Subscription Services will satisfy your purposes. It will be your own responsibility to ensure that the Subscription Services meetsyour specific requirements. None of the material on the Website or the Subscription Services is to be taken as advice of any kind.
17. Limited Liability
Your use of the Subscription Services is at your own risk. In no event will Fraiche Nutrition Inc., its affiliates, or any of their respective directors, officers, shareholders, employees, or agents, be liable for any losses or damages, medically or otherwise, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our Subscription Servicesor the Meal Plans. We take no responsibility for, and will not be liable for, any error or inaccuracies in any of the recipes in our Meal Plans or related content made available on our Website. The limitations in this section apply notwithstanding the failure of the essential purpose of any limited remedy.
18. Changes to Website, Meal Plans, or Fees
In connection with any purchase of the Subscription Services from our Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features of the Subscription Services or the Meal Plans. We also reserve the right to change any prices and initiate any new fees in connection with the Subscription Services or the Meal Plans.
19. Termination, Unauthorized Use
In the event that you breach these Meal Plan Terms, we have the right to terminate your access to the Website and the Subscription Services, to delete your content, and to disclose any of your information as necessary. In addition, we reserve the right to terminate your access to our Website or Subscription Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
20. Indemnity
You agree to indemnify, defend, and hold harmless Fraiche Nutrition Inc., its affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to or use of the Subscription Services, your violation of these Meal Plan Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
21. Privacy
Certain information that we collect about you are subject to our Privacy Policy. Please see our full Privacy Policy.
22. Severability
The invalidity or unenforceability of any provision of these Meal Plan Terms will not affect the validity or enforceability of any other provision of these Meal Plan Terms and any such invalid or unenforceable provision will be deemed to be severable.
23. Waiver
No waiver of any breach of any provision of these Meal Plan Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
24. Assignment
We have the right to assign these Meal Plan Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
25. Jurisdiction
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Meal Plan Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
26. Contact
If you have any questions or concerns about these Meal Plan Terms, our Website, or the Subscription Services, please contact us in writing at info@fraichetable.com.
