Privacy Policy

Last Updated: May 30, 2024

OVERVIEW

Welcome to Llama Lunch!

Llama Lunch Services Ltd. (“Llama Lunch”, the “Company”, “we” or “us”) is pleased to provide the Services to you (as further defined in these terms). These Terms of Service (the “Terms”) apply to your use of www.llamalunch.com (the “Site”), and any other websites, applications, features, promotions, products, or services provided, owned or operated or made available by Llama Lunch (collectively, the “Services”). These Terms create a binding legal agreement between you as a user of the Services and apply whether you are a customer that registers an account to subscribe to certain features offered through the Services (an “Account”) or an unregistered user simply accessing the Site.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES. IF YOU HAVE ANY QUESTIONS OR REQUIRE CLARIFICATION OF THESE TERMS, PLEASE CONTACT US AT THE INFORMATION PROVIDED BELOW UNDER “CONTACT INFORMATION”.

1. GENERAL

Eligibility. You understand and agree that to use and/or access the Services you must be of legal age in your jurisdiction
Service Availability. The Site and Services are only intended for use by people residing in the following areas: Warman, Martensville and Saskatoon, Saskatchewan (the “Serviced Territory”). We do not accept orders from individuals outside the Serviced Territory. If you access the Site and use the Services outside of Canada, you are responsible for complying with your local laws and regulations.
Prohibited Conduct. You may not use the Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Services; (b) use the Services commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services; (d) interfere with or damage the Services, Site, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services; (g) collect information about users of the Services; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services.
Privacy Policy. Llama Lunch’s Privacy Policy is incorporated into and forms a fundamental part of these Terms.
Modification of Terms. We are always looking for ways to improve the Services and may add, change, or remove features or offerings at any time. When we do so, we will update these Terms. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the amendments.
Arbitration Notice and Class Action Waiver. You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

2. ACCOUNT REGISTRATION; ACCOUNT USE

Account Registration and Details. Certain of our Services are reserved for customers (each a “Customer”). To become a Customer, you will be required to complete the intake process to create an account (“Account”) where, as part of this process, you will be required to provide an email address and create a password to use in association with your login email (the “Login Credentials”). When creating an Account, you are required to give truthful contact information (such as name and email address) in accordance with these Terms.
Account Security. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your Account (including, without limitation, financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.

SUBSCRIPTIONS

We are always working at offering various subscription plans for our Customers (each a “Subscription”) which include a regular shipment of children’s lunches (the “Products”). To initiate a Subscription, you must first register as a Customer and create an Account, entering such information as is required, and as you are prompted to provide, during the registration process. Once your Account is created, you will be prompted to select your Product preferences, including, without limitation, Product type, plan type, quantity and selections for each week, and any other information which may be required to be selected by you from time to time (each week, a “Subscription Period”) along with your shipping and billing information. The information that you provide to Llama Lunch, including your credit card information, is subject to Llama Lunch’s Privacy Policy.
Our Relationship and Contract. After creating an Account and placing an order for Products, you will receive a confirmation e-mail from us that confirms your order. Your order is considered an “offer” to buy the Products, where all orders are subject to our acceptance. We will confirm acceptance by sending you an email once your order has been accepted (the “Confirmation”). Please note that we may choose, in our sole discretion, to not accept an order. Accordingly, the contract between you and us will only be formed when we send you the Confirmation and will apply to those Products dispatched and listed in the Confirmation.
Continuous Subscription, Pauses and Cancellation. When you subscribe to a Subscription, you acknowledge that you will continue to receive Products for subsequent Subscription Periods, where the Subscription type will be the same as your initial order unless otherwise modified by you in your Account settings. To be clear, your Subscription will be continuous unless you pause or cancel. First-time orders may not be cancelled without authorization from the Company. You will receive periodic charges without further authorization from you based on the standard cutoff time for order modification, the date of which shall be set out in your Account. The cutoff time for each order is visible in the delivery schedule of your Account. Cancelling or pausing your Subscription will immediately cancel or pause any future plan charges and corresponding orders that have not yet been processed. Any cancellations or pauses that occur after an order has already been processed or charged, is being prepared or in transit, will not be cancelled, paused or refunded and will arrive as scheduled prior to cancellation or pause.
Because the Products are perishable, we do not accept returns after orders have been created or dispatched. However, if your order arrives damaged in any way, or you have received the wrong item, please contact us as soon as possible at the contact information set out below. When contacting us, please provide your order number and a photo of the Products with enough detail to describe the problem you have with the Products. We address returns on a case-by-case basis and will try our best to work to a satisfactory resolution. If you are eligible for a refund, we will refund your original method of payment, but please note, refunds may take up to ten (10) business days to process.

4. TERMS OF SALES

Payment of Fees. Given the continuous nature of the Subscription, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. We reserve the right to change our fee structure at any time, except for the Subscription fees applicable to any then-current fee-bearing Subscription Period. BY SUBSCRIBING, YOU AGREE TO PAY THE SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED PURSUANT TO SUBSCRIPTION.
Shipping, Handling and Taxes. At this time, shipping is included in the Subscription fee for Customers in the Serviced Territory; however, we reserve the right to charge shipping and handling fees for orders of Products that fall below a minimum spend threshold, as determined in our sole discretion.
Coupons and Promo Codes. We may also, from time to time, offer certain coupons, promotional codes or discounts (the “Promos”). Promos have no cash value and cannot be redeemed for cash. We reserve the right to change or limit Promos in our sole discretion. We also reserve the right to initiate special incentive pricing and other programs, which may be limited, at our sole discretion, to defined and limited existing Customers or new Customers.
Limits on Orders. We have the right to refuse or limit any orders and Subscriptions We will not be liable if a Product is unavailable or if shipment is delayed.
Payment Information. If your payment method reaches its expiration date and you do not edit your payment information or cancel your Account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand. We encourage you to constantly update your payment method information or cancel or pause your Subscription should you wish to discontinue receiving the Products. The terms of your payment will be based on agreements between you and your financial institution, credit card issuer, other provider of your chosen payment method.
Payment Processor. We use a third-party payment service (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to these Terms as well as those terms, conditions, and privacy policies of the Payment Processor. By submitting your credit card information, you grant Llama Lunch the right to store and process your information with the Payment Processor, which it may change from time to time, and you agree that Llama Lunch will not be responsible for any failures of the Payment Processor to adequately protect such information. We are not responsible for errors by the Payment Processor. By choosing a Subscription for the Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize use, through the Payment Processor to charge your chosen payment method. You further acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Damage and Risk of Loss. The Products are sold “FOB Destination, Freight Prepaid and Added”, at your specified delivery address. Transfer of title and risk occurs when the Products arrive and are delivered at your specified delivery address. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery. To ensure that the Products are top quality, we recommend that you immediately refrigerate perishable items.
Alternate Delivery Date. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
Personal and Non-Commercial Use. Please note that the Products are for your personal, non-commercial use, and once delivered to you, may not be resold, redistributed, exported, or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.

5. LLAMA LUNCH SERVICES CONTENT

The Services are owned and operated by Llama Lunch. The Llama Lunch logo and word mark, and any other product or service name, logo or slogan used by Llama Lunch are the trademarks of Llama Lunch (the “Llama Lunch Marks”) and may not be used in whole or in part without our permission.

6. THIRD PARTY CONTENT

The Site and Services may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site and Services may contain links to third-party websites. Llama Lunch is not responsible for the content on any linked website, or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party websites.

7. CONTRIBUTION OF USER CONTENT TO LLAMA LUNCH

Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions, or other content that you submit, post to or disseminate using the Services or otherwise provide to us are referred to as “User Content”, where the following terms apply to such User Content:

License to Llama Lunch. By sharing, submitting, or uploading any User Content, you grant us a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in these Terms.
Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph, and any other biographical information that you submit with any User Content.
No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, edit, use, publish or access any User Content for any reason or no reason at all.

8. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURE.

Llama Lunch respects the intellectual property rights of others. In doing so, we follow the requirements set out in the Digital Millennium Copyright Act (“DMCA”) among other applicable laws. If you are a copyright owner or its authorized agent and you believe that any content used in the Services infringes upon your copyright, please contact Llama Lunch at the contact information below for more information on how to submit your notification of claimed infringement.

9. DISCLAIMERS/NO WARRANTIES

Llama Lunch makes no warranties or representations whatsoever with respect to the site, its content, any linked site, our products or the services, including the availability of any site or the content, information, and materials on it, or the accuracy, completeness, or timeliness of that content, information, and materials. Llama lunch does not warrant or represent that your access to or use of the site or the services will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site or services are free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on or through the site, the products and the services are provided to users “as is,” with no warranty of any kind, either express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The “as is” condition of content is expressly made a condition of any transaction arising through or as a result of the site or the services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You are solely responsible for, and assume all risks related to, the proper and safe handling, storage, use and consumption of the products you receive from us. Llama Lunch products should always be used with adult supervision and should be fed to children with care. Certain aspects of our packaging may pose a choking hazard. You are also solely responsible for knowing about any food allergies you or your child may have and verifying the products and their contents before handling, using or consuming such products. Further, you understand, acknowledge and agree that we cannot guarantee that our products are free of allergens. You should always consult with a healthcare professional before introducing and feeding our products to your child and specifically discuss any foods that may pose an allergy risk or other health risks. Additionally, you should consult with your healthcare professional to ensure that you are providing comprehensive nutrition plan or solution for your child.

We attempt to display the products and other materials and information you view on the site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. You understand and agree that the products you receive in your order may vary from the products displayed on the site due to a number of factors, including, without limitation, manufacturing process or supply issues, the availability and variability of products, or human error. The site may contain information about products that are not available in every location within the serviced territory. A reference to a product on the site does not imply or guarantee that it is or will be available in your location withing the serviced territory or at the time of your order. We reserve the right to adjust your order at any time pending availability of certain products and other factors.

10. LIMITATION OF LIABILITY

In no event will Llama Lunch its affiliates or its respective officers, directors, employees or representatives (collectively “Llama Lunch”) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the site, services or products, even if Llama Lunch has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. In no event shall the aggregate liability of llama lunch, whether in contract, warranty, tort, product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Llama Lunch services exceed the amount paid by you, if any, for accessing the services during the twelve (12) months immediately preceding the date of the claim or one hundred dollars, whichever is less. To the extent that applicable law prohibits limitation of such liability, Llama Lunch shall limit its liability to the full extent allowed by applicable law.

11. INDEMNITY

You agree to defend, indemnify and hold harmless Llama Lunch, its affiliates and their respective directors, officers, employees and agents (the “indemnified parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the indemnified parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these terms by you; (b) alleging bodily injury, death, property damage or other damages arising from you or a third party’s use or misuse of any product purchased by you on or through the services; (c) arising from or related to any other party’s access and use of the services with your login credentials; (d) arising from or related to our use of your user content in the context of the services; or (e) arising from, related to, or connected with your use or misuse of the site or services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

12. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13. TERMINATION

We may terminate your use or access to our Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services. You may terminate your Account at any time through your Account, or as otherwise provided on or through the Services as updated from time to time. Llama Lunch will have no obligation to provide a refund of any amounts previously paid to Llama Lunch.

14. DISPUTES

Governing Law & Venue and Arbitration. These Terms will be governed by and construed and enforced in accordance with the laws of the Province of Saskatchewan without giving effect to the conflict of laws rules or choice of laws rules thereof. The venue for any action arising hereunder shall be in the City of Saskatoon in the Province of Saskatchewan.
Informal Resolution. If you have any dispute with us, you agree that, before taking any formal action, you will contact us at the information provided below by providing a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. All disputes, controversies or differences between the Parties arising out of or in connection with or in relation to these Terms shall, unless settled by amicable arrangements of the parties, be finally settled by arbitration in accordance with The Arbitration Act (Saskatchewan) where the matter shall be adjudicated by a panel of one Arbitrator, chosen by Llama Lunch. The award rendered in such arbitration shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding any obligation under this Section, the provisions herein shall not be construed as prohibiting a Party from applying to any court of competent jurisdiction for such injunctive or other provisional relief as may be necessary to protect that Party from irreparable harm or injury or to preserve the status quo pending resolution of a dispute or controversy. If you are a resident in any jurisdiction in which the provisions of this section are found to be unenforceable, then any disputes, claims of causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil court in your jurisdiction of residence. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or shall be forever banned.
Class Action. Neither you, nor we, will participate in a class action or class-wide arbitration for any claims covered by these Terms. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU FURTHER AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE THE PARTY TO THE PROCEEDING.
30-Day Opt-Out. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30 days) of the date that you first accept these Terms, unless a longer period is required by applicable law. You must then resolve any disputes against us in accordance with the governing law and jurisdiction set out above. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Dispute section, including, without limitation, the arbitration and class-action waiver provisions. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

15. MISCELLANEOUS

Survival. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law.
Agency. No agency, partnership, joint venture, or employment relationship is created because of these Terms and neither you nor we have any authority of any kind to bind the other in any respect.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control.
Waiver. Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that provision. A waiver of these Terms is only valid and effective if it is in writing and signed by the relevant party.
Entire Agreement. These Terms, which incorporate the Privacy Policy, constitute the entire agreement between you and Llama Lunch relating to the subject matter herein.
Contact. All requests for information or documents related to potential, anticipated or current legal proceedings, must be properly serviced on LLAMA LUNCH as follows:

LLAMA LUNCH
Address: 2005 Alberta Avenue
Phone: 306-321-6492
E-mail: info@llamalunch.com

Attention: Customer Service

Testimonials

The packaging is AWESOME!!!!!! Also, thank you for the extra stickers! My daughter has llama lunch stickers all over her water bottles and binder! She's been really enjoying the process of picking out her lunches and she's loved most of them and it makes my life exponentially easier! A great business you have!

I wanted to say what a great business you have! I am a busy teacher who honestly has been exhausted through September and I ordered your lunches and they have been amazing! I have a few colleagues who are always asking what I brought for lunch. I shared your info with them as well. I think you will have a few more teacher's coming your way!

Gift a Lunch Box

You can help ensure more kids have access to nutritious and delicious lunches by donating a Llama Lunch to others.

TERMS OF SERVICE