Privacy

Terms of Service

I. Privacy Statement

This is the public statement of privacy and security that we adhere to at Be Fresh Local Market Inc.

Be Fresh Local Market Inc. believes that our customers are our greatest asset. We built our business and this website on that idea and have made every effort to ensure that your shopping experience is enjoyable, safe and secure. This document explains what happens to information that you submit to us. However, it is possible to browse our website without providing us any information. Any data that we might collect is used to customize your experience at our store and/or website. At any time you may request to see exactly what information Be Fresh Local Market Inc.has retained. At any time you may request that we remove your information from our files and databases. Even within Be Fresh Local Market Inc. only those people that require your information will have access to that information.

It is important for us at Be Fresh Local Market Inc. to make you feel as comfortable as possible at our store and/or website. We may share information in an anonymous aggregate form, such as percentage of Be Fresh Local Market Inc. shoppers who shop on Mondays or the number of Be Fresh Local Market Inc. shoppers who purchase a specific product. If at any time you contact Be Fresh Local Market Inc. with questions, comments or issues, we will work towards a resolution for you at that time and at any time in the future.

Contact

During your initial visit to our website, we would ask that you indicate whether you want to receive communications from Be Fresh Local Market Inc. There is no obligation to receive communications when visiting our website. Occasionally, we may be in touch with you via email, postal mail or telephone to notify you of new services or products available through Be Fresh Local Market Inc. and to ask you about how satisfied you are with Be Fresh Local Market Inc.’s products and services.

If you have any questions about our privacy statement, the practices of this website, or dealing with Be Fresh Local Market Inc., contact us by calling 604.685.7054 to voice any concerns to our friendly customer service representatives, or fill in our: online customer inquiry

Links

This website provides links to other websites. Please be aware that we are not responsible for the privacy practices of any other websites. We encourage our users to be aware when they leave our website to read the privacy policies of each and every website that collects personal information. This policy statement applies solely to personal information collected by Be Fresh Local Market Inc..

Some promotions, contests and sweepstakes at Be Fresh Local Market Inc. may be sponsored by third party companies. In such cases, they will need to collect personal information from you. If you do not want your personal information handled by companies other than Be Fresh Local Market Inc., you can choose not to participate in the promotional contests or sweepstakes.

We reserve the right to share information among our affiliates for business purposes.

We are committed to informing you of the purpose behind collecting the personal information that we ask from you. We are committed to honest and open communication and we will make your personal information available to you upon request at any time. Any personal information that we collect is for our business purposes only.

Ultimately, if you are unhappy with our privacy statement or our service as a whole, you can discontinue using our service at any time and subject to legal requirements, request that any personal information be removed completely from Be Fresh Local Market Inc.

We reserve the right to change this privacy statement from time to time. We will inform you that the statement has been updated, as we will change the effective date of the statement, and make a note on our website’s homepage that the statement has been changed.

Effective date: July 5, 2006.

II. Privacy Notice

Personal Information Collection, Use, Disclosure & Consent

Privacy

Be Fresh Local Market Inc. respects its customers’/team members’ privacy and accordingly the Be Fresh Local Market.com a division of Be Fresh Local Market Inc. Limited Partnership (“Be Fresh Local Market Inc.”) collects, uses and discloses personal information with its customers’/team members’ consent and as required by law.

Personal Information

Personal information is information about an identifiable individual but does not include the name, title, business address or business telephone number of an employee of an organization.

Collection, Use and Disclosure of Your Personal Information

In order to efficiently offer and provide quality products and services to Be Fresh Local Market Inc.’s customers/team members, Be Fresh Local Market Inc. must collect, use and disclose personal information in relation to its customers/team members. In this regard:

Be Fresh Local Market Inc. will only collect, use and disclose the personal information necessary for its day-to-day administration, reward programs and to enable Be Fresh Local Market Inc. to:

– understand the needs of customers, their preferences and to establish and maintain a commercial relationship with customers of Be Fresh Local Market Inc. and to provide customers with ongoing service

– determine the demand for products which Be Fresh Local Market Inc. makes available for sale to customers

– provide you with information about products and services offered by Be Fresh Local Market Inc. and-

– enable Be Fresh Local Market Inc. to more efficiently and effectively operate, manage and develop its business

Be Fresh Local Market Inc. will only collect, use or disclose personal information with acustomer’s/team member’s consent, except where required or allowed by law

Be Fresh Local Market Inc. will disclose and transfer personal information to its agents for processing and to assist Be Fresh Local Market Inc. in its day-to-day business activities and administration

Be Fresh Local Market Inc. will safeguard and maintain the security and confidentiality of the personal information provided by its customers/team members

Be Fresh Local Market Inc.’s customers/team members may at any time request their own personal information, subject to any restrictions at law, and may request correction of inaccurate or incomplete personal information

Be Fresh Local Market Inc. will collect, use and disclose a customer’s/team member’s personal information in a manner which complies with legal requirements

Personal Information Options

A customer/team member can opt not to receive Be Fresh Local Market Inc.’s marketing information and/or not to have Be Fresh Local Market Inc. use and disclose their personal information other than that personal information required or permitted by law, personal information subject to contractual restrictions/obligations of Be Fresh Local Market Inc. and/or personal information that is required by Be Fresh Local Market Inc. to properly and efficiently administer Be Fresh Local Market Inc.’s day-today activities, by simply requesting the necessary form(s) from Be Fresh Local Market Inc.’s Customer Service department and thereafter completing and returning the form(s) to Be Fresh Local Market Inc.

If you have questions regarding Be Fresh Local Market Inc.’s privacy practices, please contact Be Fresh Local Market Inc.:

Be Fresh Local Market

1660 East Hastings Street

Phone: (604) 685.7054

Email: info@befreshlocal.com

May 22, 2008

III. Privacy Policy

Be Fresh Local Market Inc. respects the privacy of its customers and team members. In this regard, Be Fresh Local Market Inc. adopts practices consistent with the Canadian Standards Association’s Model Code for the Protection of Personal Information which code contains ten (10) fair information principles generally described as follows:

1. Accountability – An organization is responsible for personal information under its control designating a representative(s) responsible for its compliance with such principles.

2. Consent – The consent of an individual is required for the collection, use or disclosure of personal information unless otherwise permitted by law.

3. Identifying Purposes – The purpose for which personal information is collected shall be identified on or before the time the personal information is collected.

4. Limiting Collection of Personal Information – The collection of personal information shall be limited to that which is necessary for the identified purposes.

5. Limiting Use, Disclosure and Retention of Personal Information – Personal information shall only be used or disclosed for the purpose for which it was collected unless otherwise allowed by law. Such personal information shall also only be retained as long as is necessary for the fulfillment of such identified purposes.

6. Accuracy – Personal information collected shall be as accurate, complete and up to date as is necessary for the identified purposes.

7. Safeguards and Safekeeping – Personal information shall be secured at a level appropriate to the sensitivity of the personal information.

8. Openness – An organization shall make available information about its practices pertaining to the management of personal information.

9. Individual Access – An individual shall be informed of the existence, use and disclosure of their personal information and shall be given access to such personal information. Such individual shall be entitled to query the accuracy and completeness of the personal information as well as have such personal information amended.

10. Challenging Compliance – An individual shall be entitled to challenge concerns they may have with respect to an organization’s compliance with the fair information principles contained herein. It is the goal of Be Fresh Local Market Inc. to honour the fair information principles contained herein through the implementation of practices and procedures relating to personal information, as may be amended from time to time, to fulfill the needs of Be Fresh Local Market Inc.

May 22, 2008


Be Fresh Local Market Client Agreement – Terms of Service

Welcome to the Be Fresh specialized meal delivery program. We look forward to being a part of your healthier lifestyle by delivering nutritious meals and snacks to your door, as well as offering you information and support services to help achieve your nutritional and personal goals. Please take a moment to review this agreement. If you have any questions, please do not hesitate to contact us.

Delivery Procedure

Be Fresh will deliver freshly prepared gourmet meals and snacks to your door before

6:00 AM on all requested delivery days. Clients are responsible for designating a safe delivery area and providing Be Fresh with any special delivery instructions and a key as necessary. The client is responsible for any loss or damage that occurs with the cooler or contents as a result of the cooler not being in a safe area. If the security seal on your cooler has been broken, we strongly recommend that you not eat the contents inside. Call our client service department to make alternate delivery arrangements.

Payment Policies

Payment for all services must be received in advance.

Renewals

A Be Fresh representative will contact each client before the end of their current service to determine if they wish to continue if renewal instructions have not been provided. If Be Fresh is unable to make contact with the client, the client’s service may be placed on hold until the client has given authorization to bill their credit card for the next cycle or has arranged payment by another acceptable method.

Alternatively, the client can request to be on ‘automatic renewal’; the client’s credit card will automatically be billed for the same number of days ordered during the last block of time two days before the end of their current cycle. If the client wishes to discontinue use of the automatic renewal service, he/she can simply call or email Be Fresh to request the cancellation at least four days before the end of their current billing cycle.

Cancellations

To avoid any error in email transmissions, one of our company representatives will call to confirm receipt of the client’s cancellation request. If the client does not receive a call or

email within 24 hours of making a cancellation request, a transmission error has likely occurred and it is the client’s responsibility to call Be Fresh to inform us a cancellation email has been sent.

Form of Payment

Be Fresh is pleased to accept Visa, Mastercard, cash and money orders as payment options for our clients. Money orders must be made payable to ‘Be Fresh’ and must be received at least three working days prior to the requested delivery start date.

Renewal payments are due on the first day of the client’s next cycle. There will be a $25.00 charged to the client’s credit card for any returned/NSF cheques if payment by cheque has been authorized. Be Fresh will appear on the client’s credit card statement.

Cooler & Ice Pack Return Policy

A cooler/ice pack deposit is required at the start of the program and will be refunded at the end of the program if all coolers and ice packs are returned, less a minimal usage fee as disclosed to the client at the start of their first cycle. The deposit and refundable amounts will be stated on the client’s first invoice at the commencement of their program.

We kindly request that all empty cooler bags and ice packs from the previous service day be left at the delivery drop off location each delivery night. The deposit will be included in the client’s first cycle invoice. There will be a charge of $25.00 for each cooler and $5.00 for each ice pack that are not returned by the end of each prepaid delivery cycle. This charge will be deducted from the deposit and will be refunded in full upon receipt of the outstanding cooler(s) and ice pack(s). If outstanding cooler and ice pack fines exceed the deposit amount, the client’s credit card will be billed accordingly.

Refund Policy

Services are payable in advance and Be Fresh does not issue refunds for prepaid blocks of food delivery days. Upon cancellation of service, any unused prepaid days will be treated as a credit to the program and can be used at anytime the client wishes to re-start the program. Credits may also be transferred to friends or family members. Start and stop policies for the program are detailed in the ‘Ordering Procedure’ section of this agreement.

Client Services

Be Fresh also offers telephone consultation support services. Further details on these services can be found on our website at www.befreshlocal.com or by contacting our customer service department.

Food Safety and Heating

Meals are all freshly prepared and should be consumed within three days of receiving.

Please remove meals from your cooler bag and refrigerate until using. Kitchens are regularly inspected and adhere to industry regulations for hygiene and food safety.

Contact customerservice@befreshlocal.com, or call 604.685.7054 for further industry regulation details.

Disclaimer

You should consult a doctor when beginning a new nutrition program and in all matters pertaining to physical and/or mental health. Information from Be Fresh cannot replace or substitute for the services of trained professionals in the medical field. Any concerns with personal health and symptoms that may require diagnosis or medical attention should be referred to a physician immediately. In addition, anyone who is pregnant, nursing, has a health problem, is on medication, has food or other allergies, or is seeking to lose more

than 10% of his or her body weight should consult a physician before starting this or any nutrition program. A change in diet can cause a change in the effects and effectiveness of prescription drugs and should be discussed with a physician before commencement of this

or any nutrition program.

This program is not intended to diagnose, treat, cure or prevent any disease or ailment. We do not and have not recommended any individual or particular treatment, drug, food or supplement. This program is not intended to treat specific health problems or medical conditions, and is not meant to replace the client’s need for medical care by a qualified physician. Neither we, nor our experts, partners, or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result including, but not limited to, economic loss, injury, illness or death. We make no representations or warranties concerning the effectiveness of our products. We shall be in no way responsible for the improper use or storage of our products.

We shall not be responsible for delay, non-delivery, or default in shipment in whole or in part if occasioned by strikes, war, or for any delay in transportation due to demands of the Canadian government, or non-delivery or delays through natural disasters, weather storms, accidents, insurrections, lockouts, breakdown of machinery, or stoppage of labour.

Upon your acceptance of delivery, this sale is made under the express understanding that there are no warranties, express or implied, including any warranty of merchantability for a particular purpose not set forth in writing and signed by an authorized representative from

Be Fresh Local Market.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.

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