TERMS AND CONDITIONS

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Kenny Fresh Farms, operating under the registered trade name Kenny Fresh Microgreens. These Terms govern your use of our website and your purchase of our products.

By placing an order, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not place an order or use our services.

2. Products and Orders

2.1 Product Description

We sell fresh-cut microgreens harvested within 24 hours of delivery. All products are grown in a controlled environment in Paris, Ontario, and are intended for immediate consumption after washing. Customers are responsible for washing microgreens prior to consumption. Product descriptions, images, nutritional information, and health benefit claims are provided in good faith and are based on current scientific research. However, actual products may vary slightly due to natural growing conditions, seasonal factors, and variety-specific characteristics.

2.2 Order Acceptance

Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline any order for any reason, including but not limited to:

• Product availability or inventory constraints
• Errors in product descriptions or pricing
• Payment authorization issues
• Delivery area limitations
• Suspected fraudulent activity

We will confirm order acceptance via email or text message. A confirmation constitutes acceptance of your offer and creates a binding contract between you and Kenny Fresh Farms.

Note: Both one-time orders and subscription orders are subject to acceptance. One-time customers place individual orders for each delivery, while subscription customers authorize recurring orders at their chosen frequency.

2.2 Customer Types

We serve two types of customers, each with different pricing and ordering options:

One-Time Customers:

• Pay regular (full) price for all products
• No subscription or commitment required
• Order anytime by the Monday 5:00 PM deadline
• Same delivery service and quality standards
• Pay at time of order through our online store
• Subject to delivery charge: $5 if order under $15, FREE if $15 or more
• Can upgrade to subscription anytime to receive 20% discount

Subscription Customers:

• Receive automatic 20% discount on all products
• Choose delivery frequency: weekly, bi-weekly, or monthly (every 4 weeks)
• Automatic recurring billing and delivery
• Same Monday 5:00 PM deadline for modifications
• Can pause, skip, or cancel anytime with no penalty
• Can change delivery frequency without losing discount
• Priority order processing
• Subject to delivery charge after discount: $5 if post-discount total under $15, FREE if $15 or more

Important: Both customer types follow the same order deadline (Monday 5:00 PM EST), receive the same product quality, and have the same Saturday delivery schedule. The primary differences are pricing (20% subscription discount) and ordering frequency (one-time vs. recurring).

2.3 Pricing and Payment

All prices are stated in Canadian dollars (CAD). Fresh microgreens are HST-exempt food products under the Excise Tax Act, and therefore HST is not charged on our products.

Pricing Structure:

• One-Time Customers: Pay the regular (full) price displayed for each product
• Subscription Customers: Automatically receive 20% off the regular price

We accept payment via:

• Major credit cards (Visa, MasterCard, American Express)
• Debit cards
• Other payment methods as indicated at checkout

Payment is due in full at the time of order and is processed securely through our online store on our website. For subscription customers, payment will be automatically processed according to your selected billing cycle. We reserve the right to change prices at any time with 30 days' notice to subscription customers. However, price changes will not affect one-time orders that have already been confirmed. We do not offer price matching or retroactive price adjustments.

2.4 Order Deadlines and Production Schedule

Orders must be placed by the weekly order deadline (Monday at 5:00 PM EST) for Saturday delivery the following week. For example, orders placed by Monday, January 6th will be delivered on Saturday, January 17th. Our production schedule is based on confirmed orders, and we plant microgreens specifically for your order to ensure maximum freshness at harvest.

Late orders (after the Monday deadline) may be accommodated at our sole discretion based on available capacity, but we cannot guarantee availability or delivery. Rush orders may be subject to additional fees.

2.5 Subscription Services

We offer recurring subscription deliveries at three frequencies:

• Weekly: Delivery every Saturday
• Bi-Weekly: Delivery every other Saturday (every 2 weeks)
• Monthly: Delivery every 4 weeks on a designated Saturday

Subscription Benefits:

• 20% discount on all products (automatically applied)
• Priority order processing
• Guaranteed weekly supply of fresh microgreens
• Flexibility to pause, skip, or modify deliveries
• No long-term commitment required

How Subscriptions Work:

• Your subscription begins on the Saturday delivery date you select
• You will be charged automatically according to your billing cycle
• Your payment method will be securely stored for recurring billing
• You can modify your order by the Monday deadline each week
• You will receive reminder notifications before each delivery
• Deliveries follow the same Saturday schedule as one-time orders

Subscription Management:

• Modify Products: Change your product selections by Monday deadline
• Skip Delivery: Skip upcoming delivery (must notify by Monday deadline)
• Pause Subscription: Temporarily pause deliveries for vacation or other reasons
• Change Frequency: Switch between weekly, bi-weekly, or monthly (every 4 weeks)
• Cancel Subscription: Cancel anytime with no penalty (see Section 5.1 for timing)

Subscription Modifications: You may modify, pause, or cancel your subscription at any time by contacting us at [email protected] or 226-401-8385. Modifications must be made by the Monday order deadline to affect the following Saturday's delivery.

Product Availability for Subscriptions:

Not all products are available for recurring subscription. Some products, such as introductory sampler packs (including the Fresh Start Kit), are available for one-time purchase only. After trying sampler products, customers may subscribe to individual varieties and blends for recurring delivery with a 20% discount.

Our current subscription-eligible products include: Broccoli, Radish, Sunflower, Pea Shoots, Kick & Crunch blend, and future MAVEN/ALPHA health blends. Product availability for subscription is indicated on each product page.

2.6 Recurring Payments and Automatic Billing

By subscribing to our service, you authorize Kenny Fresh Farms to charge your payment method automatically according to your selected billing cycle. This authorization will remain in effect until you cancel your subscription or update your payment method.

Billing Cycle Options:

• Weekly Subscriptions: Charged every week on the day of your choosing (typically Thursday or Friday before Saturday delivery)
• Bi-Weekly Subscriptions: Charged every two weeks on the day of your choosing
• Monthly Subscriptions: Charged every 4 weeks on the day of your choosing

Payment Processing:

• Your payment method will be charged at the time of order placement
• You will receive a payment confirmation via email and/or SMS
• Your subscription remains active as long as payments are successfully processed
• You are responsible for maintaining a valid payment method on file

Failed Payments:

• If a payment fails, we will notify you immediately via email and SMS
• We will attempt to process the payment again within 24 hours
• Your delivery will be held pending successful payment
• After 3 failed payment attempts, your subscription will be automatically paused
• You must update your payment method and contact us to resume service
• Suspended subscriptions due to failed payments forfeit the 20% subscription discount for any one-time orders

Updating Payment Methods: You can update your payment method at any time by contacting us. Updates must be made before the next billing cycle to avoid payment failures.

Price Changes: We reserve the right to change subscription prices with 30 days' advance notice. You will be notified of any price changes via email and SMS. Price increases will not apply to your current billing cycle. You may cancel your subscription without penalty if you do not agree to the price change.

3. Delivery

3.1 Service Areas and Delivery Schedule

We currently deliver fresh microgreens on Saturdays to:

• Brantford, Ontario
• Paris, Ontario
• Cambridge, Ontario

We plan to expand our service areas in the future to include Kitchener, Guelph, Waterloo, Hamilton, and London, Ontario.

Specific delivery times are communicated via text message on Friday evening. Delivery times are approximate and may vary due to traffic, weather, or other factors beyond our control.

3.2 Customer Responsibility and Delivery Options

You have two options for receiving your order:

Option 1 - Personal Receipt:
Be available at your delivery address during the designated delivery window to receive your order in person. This is the recommended option to ensure product quality.

If you choose cooler drop-off, please ensure:

• Cooler is large enough to accommodate your order
• Ice pack or ice is present and frozen
• Cooler is easily accessible and clearly visible
• Location is safe for our delivery person

Regardless of delivery option, you are responsible for:

• Providing accurate delivery address
• Immediately refrigerating microgreens upon receipt
• Checking your delivery location promptly on Saturday
• Washing microgreens before consumption

3.3 Delivery Changes and Cancellations

We reserve the right to modify delivery schedules, locations, or cancel deliveries due to:

• Severe weather conditions
• Road closures or unsafe driving conditions
• Equipment failure or vehicle breakdown
• Emergency situations
• Other circumstances beyond our reasonable control

We will notify you of any changes as soon as possible via text message or email. In the event of delivery cancellation by us, you will receive a full refund or credit toward a future order, at your choice.

4. Product Quality and Freshness

4.1 Freshness Guarantee

We guarantee that all microgreens are:

• Fresh-cut within 24 hours of delivery
• Visually inspected for quality before packaging
• Free from visible pests, mold, or contamination at delivery
• Properly packaged to maintain freshness during transport

Due to the highly perishable nature of fresh microgreens, we recommend:

• Immediate refrigeration at 2-4°C (35-40°F)
• Washing thoroughly before consumption
• Consumption within 5-7 days of delivery
• Keeping microgreens in original packaging until use
• Avoiding washing until immediately before consumption

4.2 Quality Issues and Claims

If you receive a product that does not meet our quality standards, you must:

• Notify us within 24 hours of delivery
• Provide clear photos showing the quality issue
• Keep the product refrigerated pending resolution

Contact us at [email protected] or 226-401-8385 with your order number and photos. We will investigate promptly and provide a replacement or refund at our discretion.

Claims will NOT be accepted for:

• Issues reported more than 24 hours after delivery
• Products that deteriorated due to improper storage
• Products left in cooler for extended periods
• Products stolen from cooler (customer assumes this risk)
• Normal variation in color, size, or appearance
• Presence of harmless seed hulls
• Subjective preferences regarding taste or texture

4.3 Limitation of Liability for Product Quality

We are not responsible for product deterioration, spoilage, or quality degradation resulting from:

• Improper storage or handling after delivery
• Failure to refrigerate immediately upon receipt
• Inadequate cooling in customer-provided cooler
• Product theft from unattended cooler
• Storage beyond recommended consumption period
• Power outages or refrigerator malfunctions
• Exposure to extreme temperatures

5. Refunds and Cancellations

5.1 Order Cancellation

One-Time Orders:

• May be cancelled for a full refund if notified before the Monday 5:00 PM deadline
• Cancellations after the deadline may be subject to a cancellation fee or no refund
• We reserve the right to offer store credit instead of refund for late cancellations

Subscription Orders:

• Individual deliveries may be skipped if notified before the Monday 5:00 PM deadline
• Subscriptions may be paused or cancelled at any time
• Cancellation must be received before the Monday deadline to avoid the next delivery charge
• There is no penalty for cancelling your subscription

5.2 Refund Policy

We may issue refunds in the following circumstances:

• Product quality issues reported within 24 hours with photo documentation
• Order cancellation before the Monday deadline
• Delivery failure caused by Kenny Fresh Farms
• Billing errors or duplicate charges

Refunds will NOT be issued for:

• Change of mind after order deadline
• Product deterioration due to customer storage issues
• Product theft from unattended cooler
• Customer-side delivery issues (wrong address provided, no cooler available)
• Subjective dissatisfaction with product taste or appearance
• Orders placed after the deadline that cannot be fulfilled

Refunds will be processed within 5-7 business days to the original payment method. In some cases, we may offer store credit or replacement products instead of a monetary refund at our discretion.

6. SMS Text Messaging

6.1 Consent to Receive Text Messages

By providing your mobile phone number when placing an order or subscribing to our service, you consent to receive text messages from Kenny Fresh Farms / Kenny Fresh Microgreens for transactional purposes only. These messages include:

• Order confirmations
• Delivery reminders and delivery details
• Product availability notifications
• Responses to customer service inquiries
• Subscription renewal reminders (for subscription customers)
• Payment confirmation and payment failure alerts (for subscription customers)
• Subscription management confirmations (pause, resume, skip, cancellation)

6.2 Message Frequency and Costs

Message frequency varies based on your order activity and subscription status:

• One-Time Orders: Typically 2-4 messages per order
• Weekly Subscriptions: Typically 3-5 messages per week
• Bi-Weekly Subscriptions: Typically 3-5 messages every two weeks
• Monthly Subscriptions: Typically 3-5 messages every 4 weeks

Message and data rates may apply based on your mobile carrier plan. Kenny Fresh Farms is not responsible for charges from your mobile carrier.

6.3 Opt-Out Instructions

You may opt out of text messages at any time by:

• Replying STOP to any text message
• Emailing [email protected] with your request
• Calling 226-401-8385

After opting out, you will receive one confirmation message. You may continue to receive messages strictly necessary to complete pending orders for up to 30 days.

6.4 Help and Support

For help with text messages, reply HELP to any message or contact us at [email protected] or 226-401-8385. Our text messaging service is available on all major Canadian carriers including Rogers, Bell, Telus, and Freedom Mobile.

6.5 Compliance with Canadian Law

This text messaging program complies with Canada's Anti-Spam Legislation (CASL) and CRTC regulations. Our transactional messages are exempt from CASL consent requirements under section 6(6) as they facilitate commercial transactions you have agreed to enter.

Carriers are not liable for delayed or undelivered messages.

For complete details about our SMS practices, data retention, and your rights, please see our Privacy Policy: https://kennyfreshmicrogreens.com/privacy-policy

7. Limitation of Liability

To the maximum extent permitted by law:

7.1 Maximum Liability

Kenny Fresh Farms' total liability for any claim arising from your order, product quality, delivery, or use of our services is limited to the purchase price of the affected products. This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

7.2 Excluded Damages

We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Loss of data or use
• Cost of substitute goods or services

7.3 Specific Exclusions

We are specifically NOT liable for:

• Allergic reactions, food sensitivities, or adverse health effects from consuming our products (see Section 8)
• Product deterioration in customer-provided coolers
• Product theft from unattended coolers
• Product deterioration due to improper storage or handling after delivery
• Delivery delays caused by weather, traffic, road conditions, or other circumstances beyond our control
• Third-party payment processor errors or delays
• Website downtime or technical issues
• Text message delivery failures caused by carrier issues
• Actions or omissions of third-party service providers
• Illness resulting from failure to wash product before consumption

7.4 Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, severe weather, natural disasters, fire, flood, power outages, labor disputes, government actions, pandemics, equipment failures, or supplier shortages.

8. Allergies, Health, and Nutritional Information

8.1 Allergy Warning

It is YOUR responsibility to:

• Wash all microgreens thoroughly before consumption
• Review product ingredients and variety information before purchasing
• Consult with a healthcare provider if you have food allergies or sensitivities
• Start with small amounts when trying new varieties
• Discontinue use and seek medical attention if you experience any adverse reactions

8.2 Not Medical Advice

Our products, website content, nutritional information, and health benefit claims are NOT intended to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Replace professional medical advice, diagnosis, or treatment
• Provide therapeutic or medicinal benefits

Always consult your physician or qualified healthcare provider before making dietary changes, especially if you have medical conditions, are pregnant or nursing, or are taking medications.

8.3 Nutritional Information

Nutritional information provided on our website and marketing materials is based on:

• Published scientific research and peer-reviewed studies
• USDA and Health Canada nutrient databases
• Industry standard testing methods
• Third-party laboratory analysis (where available)

However, actual nutritional content may vary based on growing conditions, harvest timing, storage, and variety-specific factors. Nutritional information is provided for general reference only and should not be relied upon for precise dietary calculations.

8.4 Disclaimer of Liability for Health Effects

Kenny Fresh Farms is NOT responsible for:

• Allergic reactions, food sensitivities, or adverse health effects from consuming our products
• Illness resulting from failure to wash products before consumption
• Medical conditions that may be aggravated by dietary changes
• Drug interactions or medication effects related to dietary intake
• Individual health outcomes or lack of expected health benefits
• Reliance on nutritional information for medical purposes

9. Intellectual Property Rights

All content on our website and in our marketing materials, including but not limited to text, images, logos, graphics, photographs, recipes, product names (including "MAVEN Complete," "ALPHA Complete," and "Kenny Fresh"), trade dress, and product formulations, is the exclusive property of Kenny Fresh Farms and is protected by Canadian and international copyright, trademark, and intellectual property laws.

You may not:

• Copy, reproduce, distribute, or publicly display our content without written permission
• Use our trademarks, trade names, or logos in any manner
• Create derivative works based on our content or product formulations
• Use our content for commercial purposes without authorization
• Reverse engineer our product blends or growing methods

Limited permission is granted to download or print content for personal, non-commercial use only, provided all copyright and proprietary notices remain intact.

10. Governing Law and Dispute Resolution

10.1 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, without regard to conflict of law principles.

10.2 Jurisdiction

Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the courts of Ontario, Canada. You consent to the personal jurisdiction of these courts and waive any objection to venue.

10.3 Dispute Resolution Process

Before initiating any legal action, you agree to first attempt to resolve the dispute informally by:

1. Contacting us in writing at [email protected] with a detailed description of the dispute
2. Allowing us 30 days to investigate and respond
3. Engaging in good faith negotiation to reach a mutually acceptable resolution

10.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

11. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to our website with a new "Last Updated" date.

Material changes that significantly affect your rights or obligations will be communicated to active customers via:

• Email to your registered email address
• Text message notification
• Prominent notice on our website

Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our services and may cancel any pending orders placed before the changes took effect.

12. Contact Information

If you have questions, concerns, or complaints about these Terms and Conditions:

We are committed to resolving any issues promptly and fairly. Please allow us the opportunity to address your concerns before taking any other action.