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Terms of Service

Last updated: January 1, 2025

Welcome to FreshCart Market. These Terms of Service ("Terms") govern your use of the FreshCart Market mobile application and website at freshcartcanada.ca (collectively, the "Service"), operated by FreshCart Market ("FreshCart Market," "we," "our," or "us").

By downloading our app or using our Service, you agree to be bound by these Terms. If you do not agree, please do not use FreshCart Market.

1. Eligibility

You must be at least 18 years of age to create a FreshCart Market account and use our Service. By using FreshCart Market, you represent and warrant that you meet this requirement. For orders containing alcohol from the LCBO, you must be 19 years of age or older as required by Ontario law, and you must present valid government-issued photo ID at the time of delivery.

2. Account Registration

To use FreshCart Market, you must create an account by providing accurate and complete information including your name, email address, phone number, and delivery address. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorized use of your account
  • Keeping your account information accurate and up to date

FreshCart Market reserves the right to suspend or terminate accounts that violate these Terms or are used fraudulently.

3. Ordering & Delivery

When you place an order through FreshCart Market, you are purchasing groceries from our partner stores for delivery to your specified address. By placing an order, you agree that:

  • All information provided (delivery address, payment details) is accurate
  • You will be available to receive your delivery or have provided contactless delivery instructions
  • For LCBO orders, you or another adult (19+) with valid ID will be present at delivery
  • You understand that product availability may vary and substitutions may be made

4. Pricing & Fees

FreshCart Market charges the following fees on top of your grocery total:

  • Delivery Fee: $5.00 flat fee per order. Orders with a subtotal of $50.00 or more qualify for free delivery.
  • Service Fee: $2.99 per order. This fee supports the FreshCart Market platform and is non-refundable.
  • First Order Promotion: New customers receive free delivery on their first order. This promotion applies automatically and cannot be combined with other offers.

All prices are in Canadian dollars (CAD) and include applicable taxes where required. FreshCart Market reserves the right to modify pricing at any time with reasonable notice.

5. Payment

FreshCart Market accepts the following payment methods:

  • Apple Pay
  • Credit card (Visa, Mastercard, and other major cards)
  • Debit card
  • Interac e-Transfer
  • Cash on delivery

Payment is due at the time of order placement for card and Apple Pay. For e-transfer and cash payments, instructions will be provided at checkout. Failure to complete payment may result in order cancellation.

6. Cancellations & Refunds

You may cancel your order within 5 minutes of placing it at no charge. After this window, cancellations may be subject to a cancellation fee as the shopper may have already begun fulfilling your order.

Refunds may be issued in the following circumstances:

  • Items were missing from your order
  • Wrong items were delivered
  • Items arrived damaged or spoiled
  • Your order was never delivered

To request a refund, contact us at freshcartcanada@outlook.com within 24 hours of delivery. The $2.99 service fee is non-refundable except in cases where FreshCart Market is at fault.

7. Alcohol Delivery (LCBO)

FreshCart Market facilitates delivery of alcohol from the LCBO in compliance with Ontario's Liquor Control Act. By ordering alcohol through FreshCart Market, you agree that:

  • You are 19 years of age or older
  • You will present valid government-issued photo ID at the time of delivery
  • You will not provide alcohol to minors
  • Alcohol will not be delivered if valid ID cannot be provided, and a restocking fee may apply
  • Alcohol delivery may be refused at the driver's discretion if the recipient appears intoxicated

8. Prohibited Conduct

You agree not to use FreshCart Market to:

  • Violate any applicable laws or regulations
  • Provide false or misleading information
  • Attempt to defraud FreshCart Market, its drivers, or partner stores
  • Harass, abuse, or harm FreshCart Market drivers or staff
  • Use the Service for any unauthorized commercial purpose
  • Attempt to reverse engineer or tamper with the FreshCart Market app

9. Driver Conduct

FreshCart Market drivers are independent contractors, not employees of FreshCart Market. While we set standards for driver conduct and service quality, FreshCart Market is not liable for the actions of individual drivers beyond what is required by applicable law. If you experience issues with a driver, please report it immediately to freshcartcanada@outlook.com.

10. Limitation of Liability

To the maximum extent permitted by law, FreshCart Market shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to loss of data, loss of profits, or personal injury. FreshCart Market's total liability to you for any claim arising from these Terms or the Service shall not exceed the total amount paid by you to FreshCart Market in the 30 days preceding the claim.

11. Intellectual Property

All content on the FreshCart Market app and website, including logos, text, graphics, and software, is the property of FreshCart Market and is protected by Canadian and international copyright laws. You may not reproduce, distribute, or create derivative works without our express written permission.

12. Privacy

Your use of FreshCart Market is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

13. Modifications to Terms

FreshCart Market reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. Continued use of FreshCart Market after changes are posted constitutes your acceptance of the new Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms shall be resolved in the courts of Ontario.

15. Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Email: freshcartcanada@outlook.com
  • Website: freshcartcanada.ca
  • Instagram: @freshcartcanada
FreshCart Market

Grocery delivery for Toronto,
Oshawa & Barrie.

📸 @freshcartcanada

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