Terms of Service
Local Urban Bites is a Meal-Kit Delivery company located in Victoria, B.C., Canada. We provide meal plans to our customers that are intended to feed them for 3 days, as 3, 6 or 12 servings are provide in each delivery depending upon the plan they select.
The website, www.localurbanbites.com (‘Website’), is owned and operated by Local Urban Bites Inc. These Terms of Service (‘Terms’) apply to anyone (‘you’/’user’) who uses the website, including users who upload materials to the Website, users who use the services provided through the Website, and users who opt to view the content available on or through the Website.
By visiting the Website and/or choosing to use the services provided through the Website, you indicate your acceptance of these Terms. If you choose not to accept these Terms, you may leave the Website and not use any of its content or Services. Local Urban Bites may amend or update the Terms of Service at any time without prior notice to you. It is your responsibility to check these Terms of Service on a regular basis to ensure you stay up-to-date on any changes that may affect your use of our Services. Your use of our services after any amendments or updates signify your acceptance of any revised changes.
Services
Local Urban Bites allows users to have the ability to register for an account. An account permits users to manage their subscriptions. We also provide accounts to non-subscription users for easier and faster checkout. In order to register for our Services, you must be at least 19 years old and capable of entering into a binding contract. Currently, our Services are only available to the Victoria Capital Regional District (with the exception of Sooke), British Columbia, Canada, residents. The term, Services, refers to the our meal plans developed and designed by our chef and team here at Local Urban Bites that are delivered right to our customer’s door.
Subscription
Local Urban Bites’ Meal Plans
We offer a series of weekly subscription plans that will enable you to receive 1 delivery every week (currently Sunday delivery each week, with the exception of major holidays, where Local Urban Bites may opt to deliver on a Monday or Tuesday). You have the option to pause or skip any delivery prior to the Wednesday night 11:59 PM cut off time.
If you purchase a Local Urban Bites plan, you will be charged for the full amount, including any applicable taxes and delivery charges at checkout. This will be followed by the same amount originally billed to you, unless otherwise paused or skipped. By choosing to sign up for a subscription plan with us, you agree and acknowledge that the amounts we bill each week may vary in cases where differing amounts occur due to promotional offers or other modifications that may be necessary from time to time. To terminate your authorization of these charges or to change your payment method, log into your subscription account by visiting localurbanbites.com and going to the ‘Manage Subscriptions’ section at the bottom of the home page. Alternatively, you may email us at customerexperience@localurbanbites.com for guidance/direction on how to properly make changes to your account.
See additional details in our Price and Payment section of these Terms and Conditions;
Product Quality and Availability
Offering our customers the very best ingredients is of paramount importance to us at Local Urban Bites. We choose our suppliers carefully to assure you receive a high quality product, each and every time. It is our intention to fully fulfill each order; however, given the perishable nature of our products, we may be required to substitute certain ingredients based on market conditions/availability or ingredient quality that is deemed to be below our standards.
Local Urban Bites uses insulated packaging to maintain the quality and integrity of your products. We recommend that you properly stow all perishable items immediately after receiving your delivery. We guarantee that your products will remain fresh in their delivery bag at room temperature (21.5 degrees Celsius) for three (3) hours from the time of delivery. If you believe anything you’ve received from us is not fresh or if your bag is not fully up to your standards, notify us by midnight on the day of delivery by email at customerexperience@localurbanbites.com and we’ll provide you with a credit that you can use towards a future order.
Please note that we reserve the right to limit the quantity of a particular type of meal that you may order from us as part of your meal selections (for instance, reducing the number of times you select the same steak dish on the menu for a given week).
Nutrition Information
Calorie information is provided on a per serving basis and is based on a best assessment situation. We include only material calculations when calculating the number of calories in each serving (for instance, we will not use the teaspoon of cayenne as part of our calorie calculation). Due to the varying sizes and weights of your produce and proteins, it is impossible to calculate the exact calories that go into each serving. It is for this reason that we use an average approach when determining the amount of calories that go into each of your servings. As well, all our ingredients may be added or removed or adjusted at your discretion. Some individuals may also use different amounts of pantry items such as oils, salt & pepper, etc. Some calculations may also depend on the final preparation times of each dish. Calorie information is provided as a guide and we do not guarantee the accuracy of any such information.
Delivery Restrictions
To receive your delivery, you must live in a residential dwelling, or have received permission from your employer to receive shipments from Local Urban Bites. Anyone at the delivery address provided on the order page is presumed to be authorized to receive the delivery. If you, your doorman/concierge, and your alternate receiver are not present to receive your delivery, we will use reasonable methods and efforts to contact you. If you are unreachable, we will leave your delivery at the indicated address. If you arrange to have your package delivered at another time, other than the Sunday delivery date, redelivery fees may apply should a second visit apply.
Delivery is available on non-holiday Sundays; check the product details page for exact delivery dates. You may cancel orders via the "Manage Subscriptions" section of the Site. Modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will still be charged the full price.
Orders must be received before the posted cut off time for a given delivery. Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to: the Wednesday at 11:59 PM Pacific Time before a Sunday delivery. Orders must be canceled by Wednesday at 11:59 PM Pacific Time for Sunday delivery. Cancellation of orders after the required cut off time will result in a full charge.
If you are using our subscription feature, your order will be processed before the deadline. However, if you decide to make a change to the pre-selected meal options we’ve made for you, you must do so prior to Wednesday at midnight. Any changes must take place by either replying to the Tuesday morning email that confirms your pre-selected options or by emailing us at customerexperience@localurbanbites.com.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer experience team member may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
If something is missing from your order, please call our Customer Service Team at either 250-508-6614 or 250-686-5972, or email us at customerexperience@localurbanbites.com.
Risk and Title
All product prices include any applicable taxes and delivery charges. Product prices and delivery charges are subject to change at any time; however, in the cases where an order charge has already gone through and a confirmation email has been sent, these changes will not affect that week’s pricing.
You may change your method of payment at any time by updating your account information. If a payment is not processed correctly due to an invalid expiration, insufficient funds, or other errors associated with payment processing, and you do not edit your information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected method once it has been updated. This may result in a change to your payment billing dates, that may be modified by you at any time.
If you register for our subscription service, your subscription will automatically renew until you cancel it, and you are enrolled to receive shipments each week, once every two weeks, or once every three weeks. You may turn on/off a specific delivery (within order cut off times) at any time per the cancellation details listed below. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. Skipping your Deliveries and/or order cancellation requests require advanced notice to Local Urban Bites prior to the Wednesday midnight order cut off. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the following week.
Proprietary Rights
The Local Urban Bites website, and the information and materials contained in it, are the property of Local Urban Bites, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Local Urban Bites’ product names and logos are the grademarks or registered trademarks of Local Urban Bites. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Under no circumstances shall anything on this website be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this website, through the use of framing or otherwise, except when prior written permission is provided by Local Urban Bites.
Account Security and Password Protection
If you choose to sign up for an account with Local Urban Bites, it is your responsibility to safeguard the password that you selected to use to access the services on our Website. You are responsible for keeping your password secure at all times and understand that you are liable for any activities or actions resulting from the use of your password. Local Urban Bites will not be liable for any unauthorized use of your account whatsoever. You agree to notify Local Urban Bites immediately of any unauthorized use of your account or any other breach of security. This information can be directed to us by emailing customerexperience@localurbanbites.com.
Disclaimer and Warranties
TO THE EXTENT PROVIDED BY LOCAL, REGIONAL, PROVINCIAL, AND FEDERAL LAW, THE SERVICES PROVIDED BY LOCAL URBAN BITES INC. ARE PROVIDED ‘AS IS’ AND DISCLAIMS ALL REPRESENTAITONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USEAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTEIS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. LOCAL URBAN BITES INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE 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 WESBITE, AND LOCAL URBAN BITES SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOCAL URBAN BITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES) 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 (V) 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 SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF LOCAL URBAN BITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOCAL URBAN BITES 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 (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID LOCAL URBAN BITES IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE SUITABLE FOR YOU AND TO ENSURE THAT YOU DO NOT ORDER ANY PRODUCTS THAT YOU MAY BE ALLERGIC TO.
Indemnification
YOU SHALL INDEMNIFY AND HOLD LOCAL URBAN BITES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION.
General
The Terms of Service outlined in this section, constitutes the entire agreement between all parties relating to the Services. Modification to these Terms will shall not occur unless submissions are made to parties in-writing and signed or by a new posting of these Terms by us. If any aspect of these Terms are deemed to be unlawful, void, or unenforceable, that part shall be excluded and not affect the validity and enforceability of the remaining sections and provisions. If Local Urban Bites is unable to successfully exercise or enforce any right or provision under these Terms of Service, it shall not constitute a waiver of such a right or provision. All waivers by Local Urban Bites must be made in writing for any provision herein and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted herein, whether voluntarily, by operation of law, or otherwise without Local Urban Bites’ prior written consent. We may assign these terms to anyone at any time. These Terms shall be governed by the laws of the Province of British Columbia without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia for any disputes related to these Terms.