Terms & Conditions

Your access to and use of www.l8nitesnacks.ca and the L8Nite Snacks mobile application software (collectively referred to as the “Site”), owned and operated by L8Nite Snacks Delivery Inc. (“L8Nite Snacks”, “we” or “us”), is expressly conditioned upon your acceptance of these Terms and Conditions of Use (“Terms”). You shall not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you agree to fully accept these Terms. If you do not accept these Terms you must immediately stop using the Site.

While we endeavor to be as accurate as possible, L8Nite Snacks does not warrant that any product description or other content on the Site is accurate, complete, current or free from errors.

All content on the Site is provided for informative purposes only and should not be construed as advice in any way, including but not limited to health or nutrition advice. We encourage you to consult a professional for any related concerns you may have.

L8Nite Snacks reserves the right for any reason in our sole discretion to change or remove (temporarily or permanently) the Site or any part of it without notice or penalty. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

You confirm that L8Nite Snacks, its directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage you sustain for any such change or removal and change these Terms and Conditions at any time.

The availability of the products listed on the Site (“Products”) is subject to change without notice. We do not guarantee that any Product will be available for purchase, even after you have ordered and paid for it through the Site.

All Products are produced, packaged and sealed by third party manufacturers. We do not manufacture or produce any of the Products listed on our Site. We endeavor to store and deliver all Products in a reasonable manner to avoid damage or destruction. However, we do not provide any warranty regarding the Products, including but not limited to merchant ability or fitness for consumption or any other particular purpose.

Please note that Products may contain or have come into contact with nuts or other allergens. You agree that you purchase and consume all Products at your own risk. It is your responsibility to read any and all labels or packaging to ensure that any Product is safe for your consumption.

L8Nite Snacks, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage arising from your purchase or consumption of any Products, including but not limited to spoiled, defective or improperly handled or produced Products.

If you are unsatisfied with a improperly handled or packaged Product, L8Nite Snacks will provide you a replacement Product, a credit for the full value of the Product, or a full refund, at our sole discretion. All complaints must be submitted to L8Nite Snacks by email with photo evidence, no later than one (1) hour following the time the Product in question was delivered.

Excluding User Content (as defined below), all intellectual property rights, including but not limited to copyrights and trademarks, in the Site (including but not limited to the design, text, graphics and all software and source codes) are owned by or licensed to L8Nite Snacks or otherwise used by L8Nite Snacks as permitted by law.

The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify or reproduce any part of the Site, in whole or in part, without the proper prior written consent of L8Nite Snacks. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

L8Nite Snacks may allow you to provide comments, ideas, suggestions, or other content (“User Content”) submitted through or to the Site and through other social media applications, email, telephone or mail. You are solely responsible for any and all User Content. You are strictly prohibited from providing any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or in our sole discretion otherwise injurious or objectionable to us or to any third parties. By submitting User Content to us you represent and warrant that the User Content is original to you and that no other party has any rights to the User Content. By submitting any User Content to L8Nite Snacks you automatically grant to L8Nite Snacks and its successors, assigns and licensees a perpetual, royalty-free right and license to use and modify such User Content, without any liability whatsoever.

The Site may contain links to third-party web sites or services that are not owned or controlled by L8Nite Snacks. You acknowledge that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that L8Nite Snacks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, L8Nite Snacks, its principals, directors, officers shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. L8Nite Snacks makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

To the fullest extent permitted by law, your sole remedy for any claim for damages arising out of or related to use of the Site and your purchase or use of the Products shall be limited to a refund of the purchase price paid for the Product in question.

You agree to indemnify and hold L8Nite Snacks, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms or other liabilities arising out of your use of the Site.

Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. In the event the foregoing exclusions or limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the law of Alberta, Canada and you hereby submit to the exclusive jurisdiction of the Alberta courts.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to use the Site after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Site.

For any further information please email: L8Nite Snacks info@l8nitesnacks.ca