Terms of Use

General

West Side Beef Co. (“West Side Beef”) Owns and operates the website located at https://www.westsidebeef.ca (“Website”) and Service (defined below). These Terms of Use apply to all users of the Website, including users who upload any materials to the website, users who use services provided through this website, and users who simply view the content on or available through this website.

By using this website, you indicate your acceptance of these Terms of use. If you do not accept these Terms of Use, then do not use this website or any of its content or services. These Terms of Use may be amended or updated by West Side Beef at any time without notice, and the terms may have changed since you last visited this Website. It is your responsibility to review these Terms of Use for any changes. Your use after any amendments or updates of these terms of use shall signify you assent and acceptance of such revised terms. Any new features that may be added to this website will be subject to these Terms of Use, unless stated otherwise. You should visit this page periodically to review these Terms of Use.

In order to use this website and services (defined below), or to create an account on this website, you must provide certain personal information. Your information is used as defined by our Privacy Policy, the terms of which form an integral part of this agreement. If you do not agree with the terms of the privacy policy, do not use this website, or its services.

The Service

West Side Beef provides both a subscription based, and a la carte distribution and delivery service for locally sourced meat products that allows users of the service (“Users”/“You”) to add the desired products to a cart, checkout, and have the selected items delivered to an address within the delivery area. All prices are clearly displayed, and any shipping/handling charges will be clearly displayed at checkout prior to completing payment. Deliveries only happen on Fridays, and only orders placed by 11:59:59pm on Sunday will be eligible for the Friday delivery each week.

Use of Service

In order to register for an account or use West Side Beef’s Services, you must be at least eighteen (18) years old and have a valid credit card. When you enroll for a paid subscription to the Services (a “Subscription”), you will be required to submit your name, credit card information, address, phone number and email address, and sign up for an account. Any personal information that you submit during the registration process will be treated in accordance with the terms of our Privacy Policy, which you should read carefully.  When you register you will be required to select a password. You are responsible for all activity occurring on your account, and accordingly, you should make sure to choose a strong password, which you should keep secure and not share with any other person.

Orders/Delivery

Orders are collected from 12:00:00am on Monday until 11:59:59pm on Sunday each week (“order window”). All orders placed during the order window will be delivered on Friday the following week between 10am and 6pm (“delivery window”). All deliveries are contracted out to and completed by a third party logistics service. Deliveries can be completed without requiring someone to receive them. You will be notified by SMS when your delivery is en route, as well as when it arrives. Deliveries are confirmed by taking a picture of the delivery at the door of the address provided. Any requests submitted concerning a delivery such as timing or special requests are forwarded onto the third party logistics service, and are completed at the sole discretion of the logistics service. West Side Beef cannot guarantee that any special requests received can be completed. All orders are packed in fully insulated boxes that keep your products cold for 24-36 hours from the time it leaves our fridge the morning of delivery. West Side Beef is not responsible for the loss or damage to an order due to missing or incomplete delivery details such as but not limited to address, phone number, or additional directions.

Promotions

West Side Beef may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of specially marked products (“Promotion”). Additional terms of a Promotion may be displayed or otherwise transmitted therewith and otherwise governed accordingly. Unless otherwise stated in the Promotion terms, Promotions are limited to one Promotion offer redemption per person and are not applicable to gift cards, or “seasonal/specialty products”. West Side Beef may vary or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change will take effect immediately, unless stated otherwise. West Side Beef may offer a Promotion for free product(s) for subscribing to the Services through a Subscription. If you enroll in a Subscription to redeem the Promotion, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues.

Subscriptions

Every subscription enrolled through the Website is subject to completing three (3) months of renewals before it can be cancelled. A subscription may suspended once (1) at any time for up to 6 months. When a subscription is reactivated, it cannot be suspended again until one (1) renewal is completed. If a subscription is suspended for longer than 6 months, it will automatically be cancelled.

Payments

All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to the payment method provided upon completion of the checkout process. Subscriptions will be charged in full to the payment method provided on the day/date of renewal.

Cancellations

If you wish to cancel an order or subscription, you must contact us 48 hours before your delivery date.

Returns

Due to the nature of the products provided through the Service, we are unable to accept returns of any products delivered to you for any reason. It is also not West Side Beef’s policy to provide a refund due to the dissatisfaction of the product received.

User Conduct

In using the Services, you agree that you will provide true, correct and accurate information when registering/ordering, and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations at all times when using the Services and during any other dealings with West Side Beef.

Use of Service Restrictions

West Side Beef reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  • satisfy any applicable law, regulation, legal process or governmental request
  • enforce these Terms of Use, including investigation of potential violations hereof
  • detect, prevent, or otherwise address fraud, security or technical issues
  • respond to user support requests
  • protect the rights, property or safety of our users and the public.

In using the Website and Services You shall not:

  • copy any content unless expressly permitted to do so herein;
  • upload, post, email, transmit or otherwise make available any material that:
    • is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    • You do not have a right to make available under any law or under a contractual relationship;
    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);  
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or
    • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
  • modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the West Side Beef Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

West Side Beef reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of the Terms of Use.

Feedback

If You provide West Side Beef with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services (“Feedback”), West Side Beef may use such Feedback in the Website or in any other West Side Beef products or services (collectively, “West Side Beef Offerings”). Accordingly, You agree that:

  • West Side Beef is not subject to any confidentiality obligations in respect to the Feedback
  • the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to West Side Beef
  • West Side Beef (including all of its successors and assigns and any successors and assigns of any of the West Side Beef Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any West Side Beef Offerings, and
  • You are not entitled to receive any compensation or re-imbursement of any kind from West Side Beef or any of the other users of the Website in respect of the Feedback.

Advertising

You acknowledge and agree that the Website may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that West Side Beef shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials, if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

This Website may contain links to other websites that are not owned or controlled by West Side Beef.  In no event shall any reference to any third party, third party product, or service be construed as an approval or endorsement by West Side Beef of that third party, third party product, or service. West Side Beef is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that West Side Beef endorses or accepts any responsibility for the content or use of such websites, and You hereby release West Side Beef from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

Disclaimer of Representations, Warranties, and Conditions

The website and services and all materials provided therein are provided “as is”. West Side Beef specifically disclaims all representation, warranties, and conditions, either express, implied, statutory, by usage of trade, course of dealing, or otherwise including, but not limited to, any implied warranties of merchantability, non-infringement, title, satisfactory quality, or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the services is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. West Side Beef does not warrant, endorse, guarantee, or provide any conditions or representations, or assume any responsibility for any product or service offered by a third party through the website, orin respect to any website that can be reached from a link on the Website or featured in any banner or other advertising on the Website, and West Side Beef shall no be a party to any transaction that you may enter into with any such third party. West Side Beef will not be liable for any type of content exchanged by means of the service.

Limitation of Liability

Under no circumstances shall West Side Beef be liable for any indirect, incidental, special, consequential, exemplary, or other damages whatsoever, including, without limitation, any damages that result from:

  • Your use of or your inability to use this website or the service
  • The cost of procurement of substitute goods, data, information, or services
  • Errors, mistakes, or inaccuracies in the material on the Website
  • Personal injury 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
  • 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 website
  • Any damage that occurs to the goods while they are in transit after the have been picked up by the third party logistics service
  • Any product liability claims arising in connection with the products, including but not limited to, the products fitness for consumption
  • Any mishandling of the product by you during storage, preparation, or consumption

These limitations shall apply even if West Side Beef has been advised of the possibility of such damages.

Indemnification

You shall indemnify and hold West Side Beef and its subsidiaries, affiliates, officers, agents, and employees harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted, or made available by you through the services and/or any violation by you of these Terms of Use.

Termination

West Side Beef may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to:

  • Breaches or violations of these Terms of Use or any other agreement that You may have with West Side Beef (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to West Side Beef)
  • Requests by law enforcement or other government agencies
  • A request by You
  • Discontinuance or material modification to the website (or any part thereof)
  • Unexpected technical, security or legal issues or problems
  • Participation by You, directly or indirectly, in fraudulent or illegal activities

Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by West Side Beef in its sole discretion and that West Side Beef shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by West Side Beef shall be in addition to any and all other rights and remedies that West Side Beef may have.

Availability & Updates

West Side Beef may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. West Side Beef may periodically add or update the information and materials on this Website without notice.

Security

Information sent or received over the Internet is generally insecure, and while West Side Beef uses Hypertext Transfer Protocol Secure (HTTPS) and Secure Sockets Layer (SSL), West Side Beef cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. West Side Beef will not be liable for any loss or damage arising from your failure to comply with these requirements. 

Survival

All representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination.  All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.

Terms

This agreement commences on the date it is entered into by you and shall continue until terminated by one of the parties in accordance with these Terms of Use. 

End User Licence

The Website and Services and the information and materials contained therein, are the property of West Side Beef and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, West Side Beef grants you a non-transferable, non-exclusive, license to use the Website for your use. Nothing in the Terms gives you a right to use the West Side Beef or West Side Beef names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to the terms contained within the Terms of Use.

General

These Terms of Use, together with any Privacy Policy, Refund Policy, or other documentation published on the Website, constitutes the entire agreement between the parties relating to the Website and Services and all related activities. These terms of use shall not be modified except by a new posting of these terms of use issued by West Side Beef. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of West Side Beef to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by West Side Beef must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without West Side Beef’s prior written consent. Except as expressly provided in this Agreement, all amounts in this Agreement are stated and shall be paid in Canadian currency. The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.

Contact

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the West Side Beef Website or Service, please contact us at info@westsidebeef.com.

Last Updated 11/15/21