MyOrchard Inc. (“MyOrchard”) is the owner of a grocery delivery service (the
The Service is comprised of a website and mobile application (collectively, the “App”). The Service allows users to select and purchase groceries and related products from specified stores, including _____________, using the App and have the items delivered to your door for a fee.
During registration process, you agree to provide accurate and current information as requested by MyOrchard and to promptly update such information to ensure that it is kept accurate and complete. You further agree to be responsible for the accuracy of all information provided to us, the confidentiality of any passwords or other account information that you choose or that are otherwise provided to you as a result of any registration or purchase made through the App, and all activities that occur under your account. You further agree to notify MyOrchard of any unauthorized use of your account which you become aware of. You acknowledge and agree that MyOrchard shall not be liable, directly or indirectly, in any way for any loss or damage of any kind suffered as a result of your failure to comply with this section or for any delay in closing your account after you have advised us of any unauthorized use.
MyOrchard bears no responsibility of any cancellation or error in order delivery due to wrong information provided by the customer before submitting an order.
By submitting an order through our App, you agree to pay the prices of the items selected as listed, including shopping fees, delivery fees, and taxes as applicable. Payment shall be made by credit card. You agree to provide MyOrchard with authorization to process your credit card and charge the amounts as incurred on the App. MyOrchard reserves the right to change the permitted methods of payment at any time. When you submit your order, your credit card will be validated for sufficiency of funds prior to the transaction being approved. Once approved, MyOrchard will prepare the order for delivery. We reserve the right to charge amounts incurred with respect to your order directly to the credit card as provided by you at the time you submitted your order. You agree that you are liable for any fees, including legal fees, that MyOrchard may incur in its efforts to collect any unpaid amounts from you. You may be required to provide additional information prior to MyOrchard processing your order. If you do not properly complete your order, it may not be processed.
You may cancel or modify your order via the website or application up until 24 hours prior to the delivery date selected without penalty. If you cancel or modify an order after this time, MyOrchard reserves the right to charge a cancellation fee of 15% of the value of the original order. If you attempt to make any modifications after this time, MyOrchard cannot guarantee that the modification will be made prior to delivery date.
Order placed for same day delivery can not be cancelled without a $20 cancellation fee. It’s because of our swift operations of making purchases and assigning time slots to our shoppers and drivers.
Please note that all dollar amounts on the website are in Canadian dollars.
MyOrchard will make best efforts to provide the Service 24 hours/day, 7 days/week and 365 days/year but does not guarantee the availability of the Service or the App at any given time and you acknowledge that the Service or the App may be affected by unforeseen circumstances. MyOrchard does not make any representations or warranties with respect to the availability of the Service or the App.
Conditions of Use
All material on the App is owned by MyOrchard and is intended for customers in Ontario only. The App and Services may not be accessed by persons under the age of 16. MyOrchard makes no representation or warranty that the information presented on the App is appropriate for use by individuals outside of Ontario.
You further acknowledge and agree that you are prohibited from publishing on the App or through the Service any criminal, unlawful, threatening, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage criminal conduct or a violation of the laws of the Province of Ontario or the federal laws of Canada applicable therein.
You acknowledge and agree that any items purchased from the App are not intended for resale after delivery.
MyOrchard is the owner of the copyright in the App design, text, photos, graphics, and the selection and arrangement of such elements on the App as part of the Service. You acknowledge and agree that you are prohibited from reproducing, distributing, publishing, posting, or transmitting the Service in any form or by any means without the express prior written consent of MyOrchard.
MyOrchard grants to you as a customer of the Service permission to lawfully access and use the Service on the App and to download, archive and print portions of the App for personal use subject to the condition that you do not modify the materials contained therein. You acknowledge and agree that you are strictly prohibited from selling, advertising, marketing, or otherwise commercializing any downloaded, archived or printed portions of the App.
You acknowledge and agree that the MyOrchard domain name, logos, all page headers, custom graphics and icons are common law marks owned by MyOrchard. You further acknowledge and agree that there are additional common law marks, product names, company names and/or logos indicated on the App that are the property of their respective owners. You acknowledge and agree that you are prohibited from using any such materials on the App without the prior written consent of MyOrchard.
No Warranties or Representations
You hereby acknowledge and agree that your use of the Service and App is at your sole risk. MyOrchard does not warrant or guarantee the accuracy, adequacy or completeness of the information and materials on the Service and App, and expressly disclaims liability for any errors and/or omissions in this information and materials. MyOrchard disclaims all express and implied warranties, including merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement and usefulness with respect to the Service and App, which is provided on an “as is” and “as available” basis. MyOrchard does not warrant or represent that the Service or the App will be in good repair, uninterrupted or error-free and you acknowledge that delays, omissions, interruptions, or inaccuracies may exist with respect to any component of the Service or the App. MyOrchard further does not warrant or represent security of accounts, or that the Service or App is free from viruses, hacks, or other technical breaches when downloaded onto your mobile phone. MyOrchard disclaims all liability for any damage to your mobile phone for use of the Service or App. You agree to assume full responsibility and risk of loss for using the Service and App and MyOrchard is not liable for any claim attributable to the above.
You acknowledge and agree that items listed on the App may not be available at all times for purchase and that items purchased may not appear exactly as shown on the App. You further acknowledge and agree that selection and availability of items may vary and are subject to change without notice. MyOrchard shall not be responsible for any loss or damages arising from such updates or changes. MyOrchard reserves the right to correct any pricing errors on the App.
Where items have a variable weight (such as fresh meats or produce or other items that are otherwise priced by weight), the price indicated on the App is estimated based on the weight you select. The final price of the item will be based on the same price per weight indicated on the App when you submit your order but the final price is determined once we have prepared and weighed your order and will appear on the invoice at the time of delivery. The price you pay is based on the actual weight of the item delivered.
Without limiting the generality of the forgoing, MyOrchard disclaims any and all warranties and representations, express or implied, and MyOrchard shall not be held responsible for the quality of any merchandise displayed on the App or in stores.
MyOrchard advertises for purchase and will deliver over-the-counter drugs but not prescription drugs. MyOrchard is not a pharmacy and does not provide any medical or pharmacy advice. If you require medical or pharmacy advice, please consult a physician. If you are experiencing a medical emergency, please call 911 immediately.
Promotions and Special Offers
MyOrchard may make promotional offers from time to time on the App. Such offers may be only may available on the App and not available in-store. Conversely, not all offers available in store may be available on the App unless expressly stated.
MyOrchard may also offer coupons or gift cards from time to time. If you redeem any coupons or gift cards, this will be reflected at checkout and is subject to validation and any redemption requirements. Coupons from manufacturers and third parties are the responsibility of those parties and not MyOrchard. If MyOrchard inadvertently makes an error on any gift card, coupon, or other promotional offer, MyOrchard reserves the right to suspend redemption or terminate the offer.
Release and Indemnity
Limitation of Liability
Reservation of Rights
No Assignment or Transfer