User Terms

Feed Sam Inc. (‘Feed Sam’/’we’/’our’) owns and operates the website located at www.feedsam.com and www.feedsam.ca ('Website'). These Terms of Service ('Terms') 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 ('you'/’your’/'user').

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

Services

Feed Sam enables members who register for an account to order Pet Food, Treats, Supplements and Litter on a regularly recurring delivery schedule (‘subscription’/’delivery’/’service’). Users of this service can also “add” additional purchases of Pet Food, Treats, Supplement and Litter to any subscription for a single purchase to be delivered only at the point of the next scheduled delivery.

Subscription

A subscription will run until you decide to cancel. This means your subscription will not have any date of expiration. No hassle online cancelation needs to be done within 21 days of your next scheduled delivery date. It is at the discretion of your local store manager as to whether or not you will be able to cancel your subscription after the 21 days.

Delivery Restrictions and Conditions

To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Delivery is available on all holidays, with the exception of Christmas and Thanksgiving, you will be notified of the replacement delivery dates if your regular delivery falls on either of these holidays. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In the case of In-Home delivery if you, your doorman/ concierge, and your alternate receiver are not present, we will use reasonable efforts to contact you. If you cannot be reached, redelivery fees will apply should a second delivery visit be required.

See Further, “Price and Payment”

At the time of registration, you will be notified of the day of the week we will deliver to your neighborhood. At this point you will select a delivery frequency from between weekly and up to every 12 weeks. Users can change subscription delivery frequency as many times as they would like, however you must make the changes 14 days prior to your scheduled delivery (example is your next delivery day is Thursday the 17th, which means you must make changes prior to 11:59 Wednesday the 2nd) and you can only advance your frequency by 7 days. After this time the system will not allow you to make any changes. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make an adjustment to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative 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 you select Standard Delivery, as opposed to In-Home Delivery, you do not need to sign for delivery as we will leave your product outside your residence at a location of your choosing. Within the members section of the website you can select the location you would like us to leave your product. All product will be delivered in a secure bin with lids secured. Your first bin will be supplied with your subscription, however if you do not place our bin out on your delivery day, we will leave a new bin and a charge of $20 will be charged to your Credit Card. It is recommended that you secure your “empty” bin so that the wind cannot move your bin. It is also recommended that you choose a location for the product to be delivered that is not easily visible from the front of your house.

A delivery charge of $9.99/delivery will be incurred on all orders up to $49.99.
A delivery charge of $5.99/delivery will be incurred on all orders $50.00 and over up to $99.99.
All deliveries over $99.99 will qualify for Free Delivery.
An additional service of “In-Home Delivery” is also offered. To any user 65 years of age and older this service is free, however for any user under 65 years of age there is a $3.99 fee applied.

See further, “Price and Payment”

Product Quality and Availability

At Feed Sam we believe in providing your pet with the best quality products, however it is the subscribers responsibility to complete all due diligence on any product they purchase from Feed Sam prior to use. Feed Sam does not guarantee the ingredients or nutritional analysis of any products it may supply to any subscriber.

Feed Sam makes every effort to ensure you receive your product in the best condition possible, however we cannot guarantee the condition of any product after delivery, including but not limited to Frozen or Perishable products.

Feed Sam is not responsible for any “recalled” product delivered to the subscriber nor can it be responsible for any ingredient intolerances or allergies which may arise from any products provided to the subscriber by Feed Sam.

Feed Sam makes every effort to ensure that any product(s) you have subscribed to have delivered are available for delivery. However, market shortages can occur, and Feed Sam will provide one replacement product of equal or greater value in exchange for the product not currently available. Feed Sam will provide this replacement product at no cost to the subscriber. If the shortage continues past the first missed delivery, we will contact you to find a new acceptable product to exchange your subscription with.

Please note that we reserve the right to limit your order or the quantity of a particular product that you may order. However, in doing so Feed Sam will be responsible to make up any quantities to ensure the subscriber receives at least the minimum product requested at time of subscription within a reasonable timeline.

Vouchers

We may offer discount promotions and other types of vouchers. In order to redeem a voucher, you must register for a subscription account with Feed Sam.

Risk and Title

The products will be at your risk from the time of delivery. You, and not Feed Sam, are solely responsible for the proper and safe washing, preparation, storage and cooking of any products you receive through our Services. Any use of our products is at your own risk.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Price and Payment

All prices, including but not limited to product and delivery pricing, are quoted in Canadian Dollars unless otherwise specified.

Credit Cards are processed 10 days prior to delivery for all subscription purchases. This includes all delivery fees, recurring delivered products as well as any one time delivered products.

If you do not leave your bin out for the Feed Sam delivery drives to place your product in and we must leave an additional bin at your delivery location on the day of delivery there will be a charge of $20 applied to your next billing. If you return the bin to any Feed Sam store location you will receive a refund for the replacement bin.

If you have asked for In-Home delivery and are not home on your delivery day there will be a delivery charge of $10.00 to redeliver product to you, this is over any original delivery fees. This charge will be added to your next billing.

In the case of sale items, you can purchase out the remainder of your subscription at the sale price with one large payment being processed on your Credit Card. You can then choose to pick-up in store or continue having Feed Sam warehouse and deliver on your existing schedule.

Product prices may change, however if your subscription item(s) price is changing we will notify you 14 days in advance of your next delivery (4 days prior to your Credit Card being billed) to allow you the time to make a decision as to whether you will (1) accept the price change, (2) change product or (3) discontinue our service. Acceptance will be considered given to any price changes if no alternative product is selected or you do not cancel your subscription. At no time will Feed Sam debit your Credit Card to adjust your billing if there is a price change after product has been paid for. If there is a price reduction Feed Sam will not notify you, however you will receive the lower price and you can locate your receipts in your members area on the website.

You may change your payment method at any time by updating your account information. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. If you continue with your subscription for 1 delivery without completing payment to Feed Sam your account will be suspended, and your file will be forwarded to collections.

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 Deliveries and/or order cancellation requests require advanced notice to Feed Sam, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next delivery.

Warranties

In the event product is stolen from your provided and secured bin Feed Sam will warranty delivery of product with value not to exceed $100.00 regular retail. Providing (1) you have selected a location for product to be placed which is not easily visible from the front of your house, (2) you notify Feed Sam of stolen product within 24 hours of your scheduled delivery day. If there is a disagreement about the placement of your bin the local Feed Sam store managers decision will be final.

If your delivery is missing products you must notify Feed Sam within 24 hours, in which case any missing product will be delivered to you within 48 hours of notification of missing items.

Any product purchased from Feed Sam may be returned to Feed Sam, for any reason, for a full refund providing (1) you can show proof of purchase and (2) no more than 50% of the product has be consumed. Excluding all perishable products.

Proprietary Rights

This Website, and the information and materials that it contains, are the property of Feed Sam and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All product names and logos are trademarks or registered trademarks of Feed Sam, Feed Sam’s advertising partners, contractors, manufacturers or wholesale distributors. Nothing contained on this Website should 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: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Feed Sam, Feed Sam’s advertising partners, contractors, manufacturers or wholesale distributors.

Your Passwords and Account Security

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. Feed Sam will not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify Feed Sam immediately of any unauthorized use of your account or any other breach of security. You should contact Feed Sam at customercare@feedsam.com

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED 'AS IS' AND FEEDSAM DISCLAIMS ALL REPRESENTATIONS, 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. FEEDSAM 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 WEBSITE, AND FEEDSAM 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 FEEDSAM 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 FEEDSAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FEEDSAM's 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 U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID FEEDSAM 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 FEEDSAM 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

These Terms of Service, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms by us. If any part of these Terms 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 Feedsam to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Feedsam must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Feedsam's 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 Ontario without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these Terms.

Last updated: February 5, 2019