Terms & Conditions

1.1.

In order to register for an account, you must (a) be at least the age of majority in your jurisdiction of residence (or have consent from a parent/guardian); and (b) agree to these terms as well as our Privacy Policy. Accounts are for single users only and may not be shared by more than one individual. You are solely responsible for maintaining the security of your account and password. Fruit Suite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

1.2.

Fruit Suite does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that this site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, Fruit Suite does not warrant, guarantee or make any representations that access to fruitsuite.ca will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the websites is at your sole and entire risk.

2.1.

Unless otherwise agreed that payment shall be made by way of invoice and other payment means such as EFT, cheque and wire transfer, all eees must be paid by credit card, which payments will be processed using a third-party payment processor. You shall: (a) keep the billing, credit card and payment information you provide to Fruit Suite, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; and (b) be liable for failure to pay any charges or fees caused by your failure to provide Fruit Suite with up to date billing information.

3.1.

By completing the checkout and submitting an order through fruitsuite.ca, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes, either by credit card or other permitted payment method.

3.2.

You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) via the website or by email to customercare@fruitsuite.ca up until the day indicated on our sites prior to the delivery date selected (the “Cut-off time”).

3.3.

If an order is cancelled after the Cut-off Time, Fruit Suite reserves the right to charge a cancellation fee of $25 for all cancellations by the customer.

3.4.

If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to delivery date.

4.1.

The copyright in this website and all materials contained in it is owned, or licensed by Fruit Suite. This website may not be reproduced without expressed prior written consent of Fruit Suite.

5.1.

This Website (including email correspondence) may contain links to other websites that are not owned or controlled by Fruit Suite. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Fruit Suite of that third party, third party product or service. Fruit Suite is also 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. The presence on the website of a link to any other website(s) does not imply that Fruit Suite endorses or accepts any responsibility for the content or use of such websites, and you hereby release Fruit Suite from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

6.1.

As part of the Services, Fruit Suite delivers food products and other consumer goods and services produced by third parties (“Third-Party Products”). You expressly agree that Fruit Suite is not responsible for the quality or safety of any Third-Party Products and hereby indemnify and hold Fruit Suite harmless from any third-party claims arising for your or your employees’ use or consumption of such Third-Party Products.

6.2.

While Fruit Suite has made reasonable efforts to ensure that the materials contained on this site are accurate, including supplier and product information, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

6.3.

THE WEBSITE, SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. Fruit Suite SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Fruit Suite DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Fruit Suite SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. Fruit Suite WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.

7.1.

UNDER NO CIRCUMSTANCES SHALL Fruit Suite BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, PLATFORM, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (E) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, PLATFORM, APP OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF Fruit Suite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fruit Suite’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) FIFTY CANADIAN DOLLARS ($50) OR (II) AMOUNTS YOU’VE PAID Fruit Suite IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7.3.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

8.1.

You agree to defend, indemnify and hold harmless Fruit Suite and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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: (a) your use of and access to the Platform or Services, including any User Content transmitted or received by you or your Users; (b) violation of any term of this Agreement, including without limitation breach of any of the representations and warranties above, by you or your users; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) violation of any applicable law, rule or regulation by you or your users; (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your gross negligence or willful misconduct; or (g) any other party’s access and use of the Services (or access and use of any third-party service via the Services) with your unique username, password or other appropriate security code.

9.1.

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Toronto, Ontario.

10.1.

The failure of Fruit Suite to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Fruit Suite must be in writing and shall only apply to the specific instance identified in such writing.

11.1.

If you have any of the questions about these Terms and Conditions or wish to make a complaint or claim please contact customercare@fruitsuite.ca