Welcome to Meridian Farm Market
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY CREATING AND ACCOUNT AND PLACING AN ORDER YOU ARE BOUND TO THESE TERMS OF SERVICE.
Meridian Terms of Service (the “Terms”)
Thank you for your interest in learning about our products and our online grocery ordering service we are making available to you as part of our website, https://meridianfarmmarket.ca/ (the "Website").
Our Online Services
Our online grocery ordering services allows you to place orders for grocery delivery or pick-up at one of our physical locations (the “Online Services”). Our Online Services will allow you to book a slot for grocery delivery or pick-up within our cut-off time and subject to availability. Upon placing your order you will be asked to submit your payment and you will be charged upon delivery.
Our delivery service is available as follows:
8am – 8pm Monday - Saturday, subject to availability
Our pick-up service is available at all of our locations during store hours.
Once you have selected your time frame for delivery it can only be modified before 8pm the day prior to the delivery date.
We will send you a confirmation email of your order and an email notifying you when your delivery has arrived. If there are any issues with your order, please contact us within 48 hours. All requests for a refund are handled on a case-by-case basis.
When you place an order for delivery please add any specific instructions you may have under “notes” as that helps us make sure your order arrives to you the way you like.
Once your order has been delivered, including contactless drop-off, you are responsible for any loss or damage to your order.
When you place an order for pick-up, your order will be prepared in advance of your pick-up slot and delivered to the store you select. You will be charged for your order when our store receives the order. There are designated pick-up stations clearly indicated in each of our stores.
As our customer, it is your choice to allow substitutions to your orders. If you allow substitutions on your order and a substitution is delivered, you will be charged for the lesser of the original item selected or the substituted item.
As part of our Online Services we offer subscription services that allow you to place reoccurring orders on a weekly, bi-weekly or monthly basis (the “Subscription Services”). Changes can be made to your Subscription Services directly in your Account prior to 8pm the day before the scheduled delivery
Your Subscription Services will continue until terminated, however you can pause your subscriptions in your Account.
Our Commitment to Reuse Packaging
In order to minimize disposable packaging for our Subscription Services, we offer reusable totes (the “Packaging”) along with gel-packs and/or dry-ice packs. Our packaging allows your groceries to maintain a sufficiently cold temperature for up to 8 hours. We require that you leave the Packaging from a previous order out for us to pick-up, so that when we deliver a new subscription we can pick up the Packaging from the previous subscription delivery.
While we clean and inspect the Packaging in between each use, please report any damage to our Packaging to: email@example.com
CAUTION: If your Packaging includes dry ice, do not remove the dry ice from the protective sleeve as it can cause serious harm and injury. Do not store the dry ice in an air-tight container as it can lead to a buildup of carbon dioxide.
Who We Are
The entity providing the Online Service is Meridian Farmhouse Ltd., operating as Meridian Farm Market, a company operating under the laws of British Columbia (referred to as “we”, “us”, or “our”) located at #210 – 11980 227th Street Maple Ridge, BC V2X 6J2.
The Applicable Terms
Meridian reserves the right in its sole discretion to, change, modify, add, or remove portions of this Agreement at any time. Meridian will provide you with 14 days’ notice of any changes and such changes will take effect immediately after its publication on the Website. If you have an Account with us we will also email you with any changes to this Agreement. If after the publication of the changes you continue using the Online Services or the Website, such use implies your acceptance of our changes.
Who May use our Services?
You must be at least 19 years old (or the age of majority in your jurisdiction) to use the Online Services and our Website. Any registration, access to or use of the Online Services by anyone under such age is unauthorized, unlicensed, and in violation of this Agreement. We have no obligation to confirm that you meet the eligibility requirements outlined above; however, we may, in our sole discretion, terminate your account and prohibit you from accessing or using the Online Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.
Your Use of the Service
Your use of the Online Services will require an account identifying you as a user (an "Account"). You must create a password and account identification to enable you to access and use certain portions of the Online Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Online Services in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Online Services.
Accuracy of Information
When you create an Account or make a payment, you will be asked to provide certain information. You acknowledge that we rely on the information that you provide through the Online Service, including name, contact information, and billing information. You agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate. You must not register for an Account on behalf of any individual other than yourself.
When placing an order through our Online Service please ensure that you take enough time to read and check your order.
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the maintenance, confidentiality and security of your Account, all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any person who gains access to your account, with or without your permission. You agree not to disclose your password to any third party. Meridian cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account. You must notify Meridian immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Forms of Payment
We accept the forms of payment available through our third party payment provider, Bambora, such as credit cards, and debit card (please note that our third party payment provider may change the available forms of payment at any time without notice to you). Please be aware that your use of any of these payment methods will also be subject to any applicable terms and conditions and policies of the applicable third party payment provider, which can be found at the following URL: https://www.td.com/to-our-customers/
We reserve the right to request additional information from you to verify your payment. We may also add or remove acceptable forms of payment at our sole discretion and without notice to you.
Upon completion of your purchase and successful payment we will send you a receipt (a "Confirmation Email") to the email address that you have provided us.
If you falsely, fraudulently, or otherwise dishonestly dispute the payment for the order you placed through our Online Services, to the extent a chargeback is fully or partially issued against us, you agree to indemnify us for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).
OWNERSHIP OF CONTENT
In this Agreement, “Content” means all materials and content, including any videos, audiovisual materials, multimedia elements, sound recordings, music, designs, editorial, text, graphics, photographs, reports, documents, software, information, formulae, patterns, data and any other work available through our Website
Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Our Content”) is owned and copyrighted by us and is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed to you subject to this Agreement and in accordance with its terms, including the disclaimers and limitations of liability herein.
All right, title and interest in and to comments, ideas, suggestions and impressions of the Website and Online Services given by you to us (collectively, the "Feedback") is and shall be deemed to be our property and, by submitting Feedback to us you assign to us all right, title and interest to such Feedback.
Use of our Service
Provided that you are eligible to use the Website, you are granted a limited license to access the Website for your personal use. We reserve all rights not expressly granted to you in and to the Website and Online Services.
You may not access or use the Website for any purpose other than that for which we make the Website available.
You may not, directly or indirectly, do or permit any of the following:
- Reproduce, download, modify, translate, add to, distribute, redistribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, resell, transfer, sublicense, index or exploit any part of the Website, or the Content on the Website in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Distribute, transmit, publicly display or publish the Content (for any commercial or non-commercial purpose);
- Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
- Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
- Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the our system or network, or otherwise attempt to interfere with or compromise the system integrity or our security or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;
- Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
- Use the Website to collect any personally identifiable information, including Account names and e-mail addresses;
- Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website; or
- Forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service, impersonate or falsely represent your association with any person, including our representative.
Suspension and Termination of Your Account
We reserve the absolute right to suspend or terminate your access, your Account or access to all or part of the Online Services if (a) we believe that you do not meet the eligibility requirements to use the Service; (b) you materially or repeatedly breach the Terms of this Agreement or we believe you are misusing the Online Services; (c) we are required to do so to comply with a legal requirement or a court order; or (d) we believe there has been conduct that creates (or could create) liability or harm us.
Warranties, Disclaimers and Other Legal Terms
We Disclaim All Warranties and Representations
YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF THE ONLINE SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE ONLINE SERVICES PROVIDED UNDER THESE TERMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE ONLINE SERVICES WILL BE ERROR FREE OR THAT THE CONTENT WILL BE FREE OR ERRORS OR OMISSIONS.
EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE ONLINE SERVICES. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
Indemnity by You
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Meridian, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) access to or use, by you or permitted by you, of the Online Services or your Account (ii) your violation of any term of this Agreement; or (iii) any third party claims as a result of your reliance on any information made available to you. This defense and indemnification obligation will survive this Agreement and your use of the Online Services.
Governing Law and Jurisdiction
These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with this Agreement.
If a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Waiver of Rights and Remedies
Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement. Our rights, powers and remedies in this Agreement, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Assignment and Inurement
This Agreement and its Terms cannot be assigned by you. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives and successors.
All provisions that, by their meaning or nature, are intended to survive termination or expiry of this Agreement shall survive termination or expiration of this Agreement.
The Agreement, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in this Agreement.
Questions and Concerns
If you have any questions or concerns about this Agreement, please contact us by email at [NTD: insert email address]
Effective Date: March 15, 2022