This website and any subdomain in relation thereof (the “Website”) is published and maintained by Fresh Market Foods (“Fresh Market Foods”, “us”, “we” or the “Company”). When you access, browse, or use this Website or any of its features, or by selecting “I Agree” upon creating your account profile, you accept and agree to, without limitation or qualification, to the terms and conditions set forth below (“Conditions of Use”).
This website is hosted by Microsoft Azure.
These Terms and Conditions of Use and the Privacy Statement govern access to and use of the Website and any features in relation to thereto, and allow the Company to provide the services available through the Website. Additional information is also available in the Frequently Asked Questions. The purpose of the service is to provide you with fresh food and groceries that you are able to order at your convenience.
For the purposes of these Terms and Conditions of Use:
By accessing or using the Website, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and the Privacy Statement. Please read these Terms and Conditions of Use and the Privacy Statement carefully before using the service.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU CANNOT USE THIS WEBSITE.
By using the Website, you represent and warrant that you (a) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, (b) do not have more than one account to use the Website (a “Fresh Market Foods Account”) and (c) have full power and authority to enter into the present Terms and Conditions of Use and in so doing will not violate any other agreement to which you are a party.
We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Website and services. We reserve the right to include or exclude you from these tests without notice.
You need a supported Web browser to access the Website from your computer and/or mobile device. You acknowledge and agree that the Company may cease to support a given Web browser and that your continuous use of the Website and the services provided thereby will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Website and the access to the services provided thereby are incumbent on the performance of your computer equipment and your Internet or mobile device connection.
In order to use all or part of the Website or the services provided thereby, you may be required to create a Fresh Market Foods Account. You are solely responsible for managing your Fresh Market Foods Account and password and for keeping your password confidential. If you have forgotten your password, click on the “Forgot Password?” link and follow the on-screen instructions. You are also solely responsible for restricting access to your Fresh Market Foods Account.
You agree that you are responsible for all activities that occur on your Fresh Market Foods Account or through the use of your password by yourself or by other persons. This includes payments or purchases made by way of your Fresh Market Foods Account. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Website as soon as possible to obtain a new password.
As a condition to your use of the Website, you agree:
The Company will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement or violation of any intellectual property rights and possible security breaches, to the fullest extent of the law and to terminate your Fresh Market Foods Account or terminate your use of the Website in the case of any breach. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate the present Terms and Conditions of Use. You acknowledge that, although the Company has no obligation to monitor your access to or use of the Website, it has the right to do so for the purpose of operating the services provided through the Website, to ensure your compliance with the present Terms and Conditions of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Fresh Market Foods grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Website for your own personal purposes as an individual consumer.
Except for the limited license explicitly granted to you under the present Terms and Conditions of Use, you are not granted any rights in Fresh Market Foods’s intellectual property.
All right, title, and interest in and to the Website, the Fresh Market Foods Account, and the services provided through the Website are and will remain the exclusive property of Fresh Market Foods and its licensors. The Website and the services provided thereby are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in the present Terms and Conditions of Use, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Website.
When you visit the Website, send e-mails to or chat with us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our Website contains links to other websites which are owned and operated by third parties, for the purposes of effecting payments for goods and services. These links will let you leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience.
Fresh Market Foods contracts third party airlines for delivery of groceries to northern and remote communities on our behalf. Therefore, all Products purchased are made pursuant to a shipping contract whereby the title to and the risk of loss of such products passes to you upon delivery of the Products to the local airport. Following the delivery, the condition and consumption of the Products are at your own risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products.
Shipping times and dates are estimates and actual delivery times may vary due to weather conditions, unscheduled aircraft maintenance, and other factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will arrange to deliver your Products as quickly as able.
For airport pick-up orders, you will receive a phone call when your groceries arrive. Once you receive this phone call(the “Notifying Call”), the responsibility for the quality, e.g. frozen state and refrigerated state, transfers to you, and neither the airline or Fresh Market Foods can guarantee the condition of the groceries should you be delayed in picking up the groceries. If you can’t pick up the groceries, please let the airline know who will be picking them up on your behalf.
In the case of the Home Delivery service, you are responsible for the total value of your order if we are unable to complete the delivery at your confirmed address at the specified day due to reasons caused by you. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. You are responsible for ensuring the completeness of the delivery instructions provided to us.
You are responsible for a product degradation as a result of any events (including the passage of time) after the Notifying Call. Please keep in mind the season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly. Please make sure there is someone to attend to the deliveries and store the groceries accordingly, upon delivery.
We do not warrant or represent that the content of the Website is accurate, up-to-date or complete, nor that it does not infringe the rights of others.
We are providing the Website and its contents on an “as is” basis. We make no representations or warranties of any kind with respect to the Website, its contents or any of the products or services supplied through the Website.
We do not represent or warrant that the Website, the server that makes it available or any of our products or services supplied through this Website will be free of errors, viruses or defects.
Your access and use of this web site is subject to factors beyond our control. We do not warrant that the Website or the products and services offered via this Website will meet your requirements or that the service will be uninterrupted or timely.
You agree to defend, indemnify, and hold Fresh Market Foods harmless, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website as well as the Fresh Market Foods Account in relation therewith.
Except as otherwise specified, these Terms and Conditions of Use may be subject to change. You will be subject to the Terms and Conditions of Use in force at the time that you make your purchase from us or use the Website.
The amended Terms and Conditions of Use will take effect immediately when they are posted on the Website and by continuing to use the Website or Fresh Market Foods Account after any changes are posted, you are indicating your acceptance of and agreement to those changes.
The Terms and Conditions of Use shall be governed by and construed by the laws of the Province of Ontario, Canada and the laws of Canada applicable therein. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Thunder Bay, Province of Ontario.
The present Terms and Conditions of Use are the entire and exclusive agreement between Fresh Market Foods and you regarding the use of the Website, and the present Terms and Conditions of Use supersede and replace any prior agreements between the Fresh Market Foods and you regarding the Website.
You shall not assign or otherwise transfer the present Terms and Conditions of Use or any of your rights or obligations hereunder to any third party without our prior written consent which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under the present Terms and Conditions of Use. Subject to the foregoing, the present Terms and Conditions of Use shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Fresh Market Foods shall be allowed to assign the present Terms and Conditions of Use to any third party without requiring your consent.
Nothing in the present Terms and Conditions of Use shall constitute a partnership or joint venture between you and the Company.
If a particular provision of the present Terms and Conditions of Use is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from the present Terms and Conditions of Use and shall not affect the validity of the present Terms and Conditions of Use as a whole.
The Parties have expressly requested that the present Terms and Conditions of Use be drawn up in English and that all modifications thereof can be made in this language.
If you have any concern, question or complaint regarding the present Terms and Conditions of Use, please contact us at:
Fresh Market Foods
P.O. Box 67
79 Queen Street
Sioux Lookout, Ontario, P8T 1A1
1-807-737-1630, Ext 1039
orders@freshmarketfoods.ca
In accordance with our values, Fresh Market Foods is committed to conducting business with the highest standards of integrity, ethics, respect, excellence and social responsibility.
The current Terms and Conditions of Use last update was on October 4th 2021.