LunchBox Orders

Terms and Conditions
Last Updated: October 30, 2020

WELCOME

Lunchbox Orders Incorporated (“LBO”), a subsidiary of KEV Software Inc., operates the website located at https://www.lunchboxorders.com/index.php, and all related microsites (the “Website”). LBO offer meals, beverages and products that are provided to students from various vendors/suppliers on one convenient Website. LBO provides an ordering platform for schools, bridging the gap between parents and vendors/suppliers, eliminating paperwork and helping parents/guardians access products quickly and conveniently through our Website.

By accessing and using the Website, including when you purchase a product through the Website, you agree to be bound by all the Terms and Conditions (“Terms”) set forth herein. If you do not agree with these Terms, your sole recourse is to leave the Website immediately. A copy of these Terms may be downloaded, saved and printed for your reference.

ELIGIBILITY

By placing an order through Lunchbox Orders on our Website, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction of residence), and you are the parent/guardian of the student you are ordering for. If you are under 18 years old (or under the age of majority in your jurisdiction of residence), a parent or guardian will be required to agree to these Terms on your behalf.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by LBO. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to LBO, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, adapt, adopt, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of LBO. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain

any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of LBO. To obtain written consent for such reproduction, please contact us at info@lunchboxorders.com.

REGISTRATION

To purchase products from LBO, parents/guardians will be asked to register for an online account. Once an account is created by the parent/guardian, products may be purchased for one or more students under their care. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested during registration, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify LBO of any unauthorized use of your password or username or any other breach of security.

TERMS OF PURCHASE

Lunchbox Orders provides a platform that allows customers to purchase products from various vendors/suppliers. The following terms apply when you place an order through the Website for a Lunchbox Order:

Payment: Payment for all products may be processed only by Visa, MasterCard, Discover, Debit MasterCard or Visa debit. Pre-paid MasterCard and Visa cards are also accepted as a payment method. If you pay by credit card, you agree that we may charge the products and other charges payable to LBO, including applicable taxes, to your credit card. LBO is not responsible for any charges incurred as a result of overdrawing your bank account or exceeding your credit limit. Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address associated with your LBO account.

Quality and Description of Products: The vendors/suppliers are fully responsible for the care and quality of their products and any and all liabilities that may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or consumption of a product, including but not limited to injuries, illnesses, damages, claims and costs. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), LBO is not responsible for all liabilities that may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or consumption of a product, including but not limited to injuries, illnesses, damages, claims and costs.

Details of the products or goods advertised on the Website are provided by the vendor/supplier or other referenced third-parties. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), LBO is not responsible for the quality or ingredients in the product. The vendor/supplier is solely responsible for the care and quality of the products and service being provided.

Refund Policy: If you have a problem or are dissatisfied with a product purchased through our Website you must provide LBO with all pertinent details within 5 days of the delivery of the product. A credit to your account may be issued at the discretion of LBO. The credit does not expire and will be carried over to the next school year. This credit can be used towards any product on a future transaction. If you are unable to use the credit, you may have the outstanding amount returned to your payment card. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), to receive a refund, a 4% transaction fee is applicable. To confirm refund details, you must contact the LBO Team at 1.877.426.6860 or by email at info@lunchboxorders.com.

Prices : The prices for products are quoted in Canadian dollars. The prices displayed include applicable taxes. Prices listed on the Website may be changed by LBO at its own discretion without notice.

Errors : While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information for products. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your purchase. LBO reserves the right to revoke any stated price and to correct any errors, inaccuracies or omissions (including after a purchase has been made).

NOT A VENDOR/SUPPLIER

LBO is not the vendor/supplier of the products and/or services that are offered on the Website. All products and/or services offered on the Website are delivered by the vendor/supplier. The vendor/supplier is ultimately responsible for ensuring the proper supply, preparation and delivery of the product. LBO is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such vendor/suppliers or for any personal injuries, death, or other damages or expenses resulting there from.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), LBO’s obligations under these Terms are solely to act as an intermediary, which does not prepare, supply or deliver products and/or services nor is it responsible for any actions and/or damages that ensue as a result due to the delivery (or the lack thereof) of the products and/or services by the vendor/supplier.

In the event there is non-delivery of the order, you will be given a credit back to your Lunchbox Orders account for the item(s) that were ordered.

USER-GENERATED CONTENT

The Website may permit the submission of content such as comments and testimonials generated by you and other users (“User Content”).

You are solely responsible for your own User Content and the consequences of submitting it. Any User Content or other material, feedback, suggestions, information or ideas that you submit to the Website is non-confidential and non-proprietary and we may adopt, adapt or otherwise use any User Content (in whole or in part) without any compensation or notice to you.

By submitting User Content, you represent and warrant to LBO that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize LBO to use and reproduce your User Content as contemplated in these Terms, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate LBO’s User Code of Conduct set forth below.

As between you and LBO, you will retain all of your ownership rights in and to your User Content. By submitting User Content to our Website, you hereby grant to LBO a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, adopt, adapt, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that LBO(or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Website a non-exclusive license to access your User Content through the Website.

LBO does not endorse any User Content or any opinion, recommendation, or advice expressed therein. LBO reserves the right but is not obligated to monitor User Content or other content sent to or through the Website. LBO has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Website if LBO determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms. LBO takes no responsibility for and expressly disclaims any and all liability in connection with any User Content.

USER CODE OF CONDUCT

By submitting User Content and as a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant LBO all of the rights granted herein;

upload, post, comment, e-mail or otherwise transmit any statements, material or User Content that:

1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;

1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;

1. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

1. otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.

harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;

for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;

attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;

interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and

use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

LBO retains the right, at its sole discretion, to deny use of the Website to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from using the Website immediately upon request by LBO to do so.

LINKING

It is our goal to provide increased value to visitors to our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from LBO and that LBO has no control over the content of such websites. Consequently, LBO cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

ACCESS TO THE WEBSITE

LBO strives to maintain the Website and full functionality 24 hours per day. HOWEVER, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), we shall not be liable if the Website is unavailable for any reason for any period of time. Due to many variable factors, access to the content of the Website, or to the Website itself may be unavailable at any time without notice in the case of system failure or system compromise, periodic maintenance, repairs, or any reasons beyond LBO direct control.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. LBO DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LBO DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL LBO, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, THE CONSUMPTION OF VENDOR/SUPPLIER PRODUCTS, THE DELIVERY OF THE PRODUCTS, OR THE QUALITY OF OR THE INGREDIENTS IN THE PRODUCTS, EVEN IF LBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT, INCLUDING USER CONTENT.

INDEMNITY

You agree to indemnify and hold harmless LBO, its affiliates, and its and their respective shareholders, successors, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (1) your (or anyone acting under your password or username) use of this Website, (2) any alleged violation by you of these Terms, and (3) any actual or alleged infringement of third party intellectual property or other proprietary rights in connection with the User Content.

PRIVACY

Please click here to review our current Privacy Policy, which contains information about the manner in which we collect, use, disclose or otherwise manage personal information.

REVISIONS TO THESE TERMS

LBO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), LBO reserves the right to revise/edit/change these Terms from time-to-time as it sees fit and depending on market conditions such that all stakeholders of LBO are protected appropriately. We do this to ensure that our business, changes in technology, laws, and regulatory requirements are upheld and adhered to as closely as possible. It is your responsibility to check these Terms from time-to-time in order to ensure that you are aware of any and all changes that have been made including, without limitation, by checking the date of “Last Updated” at the top of this document. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), we are not responsible for notifying all users of our Website of any changes made in our Terms. Some notices that are published elsewhere on our Website may supersede the statements outlined in these Terms. Those notices will be considered binding between you and LBO. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from LBO to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

NOTICE OF COMPLAINT

If you believe that any actions taken by LBO, any of its stakeholders, or users of the Website are in breach of these Terms or in any other way infringe on your rights, please send us a formal notice (hereafter referred to as a Notice of Complaint), via e-mail outlining your concern.

A Notice of Complaint should be sent by e-mail to: info@lunchboxorders.com.

The Notice of Complaint should include the following details:

the date;
the time and;
the basis of your complaint.

TRADEMARKS

“Lunchbox Orders” is a trade-mark of LBO. Other marks, graphics, typefaces, trade-marks and logos appearing on the Website are trade-marks or trade dress of LBO. All other trade-marks appearing on the Website are property of their respective owners. Our trade-marks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.

If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms, by posting notices or links to such notices on the Website itself.

ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, any other legal notices or statements posted on the Website, constitute the entire agreement between you and LBO and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by LBO as set forth above.

CONTACT

If you have any questions or comments regarding these Terms please contact us at info@lunchboxorders.com.