Launchinho

Terms of Service

Last updated March 12, 2025

1. ACCEPTANCE OF TERMS AND CONDITIONS FOR LUNCHINHO SERVICES

  • 1.1 By using Lunchinho’s services, including our school program, you agree to these Terms and Conditions and our Privacy Policy, available at www.lunchinho.ca/FAQ. If you do not agree, do not use our services. Contact us at [email protected].
  • 1.2 Accessing, ordering, or receiving our services constitutes your acceptance of these Terms.
  • 1.3 Entity Representation: If using services on behalf of an entity, such as a school, you confirm you are authorized to bind that entity to these Terms.
  • 1.4 You must be of legal age to enter into a contract with Lunchinho.
  • 1.5 Article 14 contains a waiver of your right to participate in class actions against Lunchinho.

2. MODIFICATIONS

  • 2.1 We may amend these Terms. Changes will take effect seven days after notice unless you stop using the services or delete your account before then. Continued use after seven days means you accept the changes.
  • 2.2 We may alter or discontinue services at any time without notice or liability.

3. ACCOUNT REGISTRATION AND SECURITY

  • 3.1 You must create an account to access services by providing accurate information, including a username, password, contact, and payment details. Only one account is allowed per household.
  • 3.2 You must maintain up-to-date information in your account. False or outdated data may lead to account suspension or deletion.
  • 3.3 By providing a phone number, you consent to receive texts and calls from us.
  • 3.4 our account is for personal use and must not be shared. You are responsible for securing your credentials and for any unauthorized use.
  • 3.5 You are responsible for any internet or device costs related to using the services and proper food handling after delivery.
  • 3.6 We do not guarantee compatibility of our website with all devices.
  • 3.7 We can suspend or delete your account for any violation of these Terms.
  • 3.8 To delete your account, email [email protected], but you must settle any outstanding orders first.

4. PROVISION OF SERVICES

  • 4.1 We offer subscription plans for meal deliveries within specified areas, including school participating in the Lunchinho School Program. Prices and meal orders depend on your selection, which will auto-renew unless you cancel.
  • 4.2 Meals are delivered in reusable thermal bags and reusable containers. For our subscription service, you are responsible for returning these bags and containers as requested, or you may be charged for unreturned items. For our school meal program, the school is responsible for returning them, and may also be charged for any unreturned items.
  • 4.3 Subscriptions renew automatically. You authorize us to charge your payment method unless you pause or cancel your subscription before your meal is processed.
  • 4.4 Cancel your subscription by emailing us, but you'll still be charged for any processed or out-for-delivery meals.
  • 4.5 Some products may be available for one-time purchases, with applicable fees.
  • 4.6 Third parties may provide some services on our behalf.
  • 4.7 Products are for personal use only and not for resale.
  • 4.8 Ingredients must be consumed within five days of delivery. Dispose of expired ingredients properly.
  • 4.9 Orders will be delivered to the address on your account or to the designated school if you are enrolled in the School Program. For home deliveries, ensure safe delivery conditions (e.g., clear paths in bad weather). For school deliveries, Lunchinho will coordinate with the school staff to facilitate distribution, but we are not responsible for the handling of meals after delivery. If items are damaged upon receipt, contact us immediately.
  • 4.10 You are responsible for ensuring that meals are safe for consumption, considering allergies, proper storage, and expiration dates. For the School Program, Lunchinho will deliver meals to the designated school. The school and school volunteers are responsible for proper handling and timely consumption. We are not liable for meals after they have been delivered to the school.
  • 4.11 Consult a doctor before serving our products to individuals in at-risk groups (e.g., young children, people with allergies).
  • 4.12 Ownership of products passes to you/school upon delivery. Intellectual property rights remain with us or our suppliers.

5. ADVERTISEMENTS AND PAYMENTS

  • 5.1 Advertisements and Contracts: Ads for our products and services are invitations for you to make offers. A completed order on our website is your offer to purchase, not a contract. The contract is only formed when we send you a confirmation email. If we don’t accept your order, any payment made will be refunded.
  • 5.2 Prices in our ads are valid for the stated period. We reserve the right to correct errors and reject any sale, including those due to pricing mistakes.
  • 5.3 Products may vary slightly from images or descriptions on our site due to factors like photographic processes.
  • 5.4 We may change or discontinue products or services, but the delivered items will have materially the same characteristics as what was ordered.
  • 5.5 You agree to pay for the services you use, including applicable taxes and shipping. Charges may be one-time or recurring, depending on the service.
  • 5.6 By providing a payment method, you confirm you’re authorized to use it and allow us to charge for all applicable fees. If payment can’t be verified or is invalid, we may suspend or cancel your order, but you still owe any Charges.
  • 5.7 You must provide accurate personal and billing information when making a purchase.
  • 5.8 Except as stated in these Terms or required by law, all purchases are non-refundable and non-returnable, including subscriptions and products.
  • 5.9Prices are in CAD unless otherwise noted and may change without notice.
  • 5.10 PWe may offer discounts or free trials. We reserve the right to cancel promotions at any time. After a free trial, we may begin charging without additional notice unless you cancel.
  • 5.11 We may limit the number of products or services you can purchase.
  • 5.12 If a product is unavailable after purchase, we’ll notify you and either refund your payment or provide a replacement of equal or greater value.

6. INTELLECTUAL PROPERTY

  • 6.1 Our Copyrights and Trademarks
    • Trademarks: Lunchinho, Lunchinho.ca, and related names/logos are trademarks of Lunchinho. Unauthorized use is prohibited
    • Copyrights: All website content is © 2024 Lunchinho or its licensors. All rights reserved
    • License: You may download or print materials for personal use, but commercial use, reproduction, or modification is prohibited without permission.
  • 6.2 Your Content
    • License: By posting content on our site, you grant Lunchinho a worldwide, non-exclusive, perpetual license to use, modify, and distribute your content without compensation. You confirm you have the rights to grant this license and waive any moral rights. Lunchinho is not responsible for user content or its accuracy.
    • Responsibility: You are responsible for all content you post and must ensure it’s accurate and lawful. Lunchinho doesn’t control user content and is not liable for inaccuracies or damages from reliance on such content.
    • Removal: Lunchinho may remove or modify user content that violates these terms. We may also access and disclose user content to comply with legal requirements or protect rights and safety.
  • 6.3 Lunchinho owns all content derived from user content.
  • 6.4 Do not submit confidential or sensitive information to us. Any feedback or submissions are not confidential, and we are free to use them as we see fit.
  • 6.5 By providing feedback, you grant Lunchinho a perpetual, royalty-free license to use and modify it without compensation.
  • 6.6 You warrant that your content doesn’t violate any third-party rights.
  • 6.7 Report copyright infringements to [email protected]. We will respond quickly to any claims.

7. ACCEPTABLE USE POLICY

  • 7.1 Your use of the Services must be lawful and comply with these Terms.
  • 7.2 You agree not to misuse the Services or allow others to misuse them. Specifically, your use must not:
    • Violate any applicable laws, including those related to intellectual property, privacy, or civil/criminal liability.
    • Infringe on the rights of others, including intellectual property or privacy.
    • Include offensive, harmful, abusive, defamatory, or discriminatory content.
    • Exploit or harm individuals, especially minors, or involve stalking or inappropriate content requests.
    • Provide false, misleading, or inaccurate information.
    • Upload or download materials that violate these Terms.
    • Impersonate others or misrepresent your affiliation.
    • Restrict or harm other users' enjoyment or cause harm to Lunchinho or its users.
    • Cause unnecessary annoyance, anxiety, or embarrassment to others.
    • Send spam or unsolicited messages.
    • Promote illegal activities or unlawful acts.
    • Mislead others by falsely implying endorsement by us.
    • Additionally, you agree not to:
    • Access unauthorized content or data.
    • Breach website security or disrupt services.
    • Use automated tools like robots or spiders to access or monitor the website.
    • Introduce viruses or harmful software.
    • Attack the website via denial-of-service or similar methods.
    • Use scrapers, indexing tools, or mirror/framing techniques.
    • Harvest personal data without consent or violate privacy laws.
    • Reverse engineer or exploit the website's content without permission.
    • Interfere with the proper functioning of the Services.

8. RELIANCE

  • 8.1 Content provided through the Services is for general informational purposes only and is not medical or dietary advice tailored to your specific needs.
  • 8.2 We do not guarantee continuous or uninterrupted access to our website. Access may be affected by issues like bugs, delays, or factors beyond our control.
  • 8.3 While we aim to provide accurate content, we do not guarantee it is always complete, error-free, or up-to-date. If we find significant errors, we will notify you via the contact information linked to your account.

9. THIRD-PARTY WEBSITES AND CONTENT

  • 9.1 We may link to third-party websites or content for your convenience, but this does not imply endorsement. We do not control third-party content, and your use may be subject to their terms and policies. We are not responsible for third-party content or any transactions you enter into with them.

10. DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK

  • 10.1 Your use of the Services, including products, is at your own risk. The Services are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee accuracy, reliability, or uninterrupted service.
  • 10.2 You assume all risks related to handling, storing, reheating, sending to school, and consuming food, including burns, cuts, allergic reactions, and choking. You accept the potential for injury, property damage, or loss.Lunchinho is not responsible for meals once they have been delivered to a school and distributed to students.
  • 10.3 Our products may contain allergens, and cross-contamination may occur. You assume all risks related to allergens.

11. LIMITATION OF LIABILITY

  • 11.1 Our cumulative liability for any claims will not exceed the amount you paid, or $1.00 CAD if the Services were used for free.
  • 11.2 We are not liable for indirect, incidental, or special damages, including lost revenue, business interruption, or emotional distress, regardless of whether such damages were foreseeable.

12. INDEMNIFICATION

  • 12.1 To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Lunchinho, its Affiliates, and their respective personnel from any third-party claims, liabilities, or expenses (including reasonable attorney fees) arising from: (a) your breach of these Terms; (b) your use of the Services; or (c) any actions you take or fail to take. If any indemnified party is targeted by a claim, they may take exclusive control of the defense or settlement.

13. TERMINATION

  • 13.1 We may terminate these Terms or any Services without notice.

14. WAIVER OF CLASS ACTION

  • 14.1 You waive any right to participate in a class action against Lunchinho or its Affiliates and agree to opt out of any related class proceedings.

15. GENERAL

  • 15.1 These Terms do not affect consumer rights that cannot be limited or waived by law.
  • 15.2 Sections 3.5, 3.9, 4.8, 4.11, 5.2, 6, 8.1, 8.2, 9, 10, 12, 14, and 15, along with any warranties you provide, will survive termination.
  • 15.3 These Terms, along with our Privacy Policy and any other agreements, constitute the complete agreement between you and Lunchinho, superseding all prior agreements.
  • 15.4 Your use of the Services is subject to any other written contracts with Lunchinho.
  • 15.5 No waiver is effective unless in writing and signed. Delays or failures to exercise rights do not constitute a waiver.
  • 15.6 These Terms are governed by the laws of Ontario, Canada. You submit to the exclusive jurisdiction of Ontario courts. If Ontario law is excluded, your local laws will apply.
  • 15.7 We may assign these Terms without notice. You may not assign your rights without our written consent.
  • 15.8 If any term is found invalid, it does not affect the remaining terms.
  • 15.9 Headings are for convenience and do not affect interpretation.
  • 15.10 These Terms are prepared in English. In case of translation, the English text prevails.
  • 15.11 These Terms benefit and bind the parties and their successors and assigns.
  • 15.12 You agree to provide further documents as requested by Lunchinho to fulfill these Terms.
  • 15.13 Lunchinho is not liable for failures due to circumstances beyond its control, including natural disasters or government actions.
  • 15.14 Lunchinho may notify you via email, letter, SMS, or website posting. You may provide legal notices to us at [email protected].
  • 15.15 Schools participating in the Lunchinho school meal program may have additional agreements or policies specific to their participation. These Terms apply unless otherwise stated in a written agreement with Lunchinho.