Lamb Club Website Terms & Conditions and Privacy Policy

These terms and conditions apply solely to www.lamb-club.com

1.1 Definitions

1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing www.lamb-club.com who is not registered as a member of www.lamb-club.com.

2. "Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

3. "GST" means goods and services tax chargeable in accordance with the Excise Tax Act Section 122 Good and Services Tax

4. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registerable by any means, and the right to file an application for registration thereof.

5. "Login" means a Customer's personal email address and password used to access www.lamb-club.com under that Customer's registration.

6. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.

7. "Products" means the products for sale in www.lamb-club.com by Lamb Club Marketing Limited.

8. www.lamb-club.com means the internet site owned by Lamb Club Marketing Limited, being the medium by which Products are offered for sale online to the Customer.

1.2 Use subject to terms and conditions

Your access to, and use of, www.lamb-club.com is subject to the following terms and conditions. By using www.lamb-club.com you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through www.lamb-club.com constitute legal offers to purchase, and are capable of being accepted by Lamb Club Marketing Limited without any further reference to the Customer.

1.3 Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect.

1.4 Lamb Club Marketing Limited discretion to accept registration

Lamb Club Marketing Limited has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 Lamb Club Marketing Limited discretion to accept orders

Lamb Club Marketing Limited has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Lamb Club Marketing Limited may cancel an order for any reason whatsoever.

1.6 Registration and access costs

No costs are payable to register to use www.lamb-club.com, but Customers are responsible for any costs incurred in using www.lamb-club.com, including any charges imposed by their internet service provider.

1.7 Suspension or termination

Lamb Club Marketing Limited may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through www.lamb-club.com for any reason whatsoever.

1.8 Customer liable for every order

Customers are liable for any order made and paid for under their Login.

1.9 Trade not supplied

Customers may not purchase Products through www.lamb-club.com for the purpose of resale.

1.10 Security of information

Lamb Club Marketing Limited shall use its reasonable endeavours to prevent any unauthorised entry into www.lamb-club.com. However, no member of the Lamb Club Marketing Limited will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

1.11 Site content and Availability

While Lamb Club Marketing Limited has endeavoured to ensure that the information provided on www.lamb-club.com is free from error, no member of Lamb Club Marketing Limited warrants its accuracy, adequacy or completeness, and no member of Lamb Club Marketing Limited shall be responsible or liable for any error in, or omission from, the information provided on www.lamb-club.com.

We reserve the right to make changes to the information provided on www.lamb-club.com at any time and without notice.

While Lamb Club Marketing Limited will do its best to make sure that www.lamb-club.com is available, Lamb Club Marketing Limited cannot guarantee that it will always be uninterrupted.

1.12 Use of the site

The Customer agrees not to use www.lamb-club.com for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on www.lamb-club.com for their own personal use but otherwise neither www.lamb-club.com, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Lamb Club Marketing Limited’s prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of www.lamb-club.com, or damage the operation of www.lamb-club.com, or Lamb Club Marketing Limited systems or those of other persons who use www.lamb-club.com, whether by way of a virus, corrupted file, any other software or program, or otherwise.

2. PRICE

2.1 Pricing

The Customer shall pay Lamb Club Marketing Limited for the products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any product ordered increases or decreases between the time the order is submitted and the time when that product is delivered.
Lamb Club Marketing Limited may vary the prices of the products at any time without notice.

2.2 Currency

The prices of products are displayed in Canadian currency.

2.3 Prices inclusive of GST

The prices of the products are inclusive of GST and any other sales tax.

3. PRODUCT, AVAILABILITY, RANGE, SPECIALS AND QUALITY

3.1 Product Availability

Every effort will be made to fulfil orders placed with www.lamb-club.com, but no member of Lamb Club Marketing Limited shall be liable to any person if Lamb Club Marketing Limited is unable to or declines to supply a Product for any reason whatsoever.

3.2 Product range

Lamb Club Marketing Limited reserves the right to limit the range of products available to certain areas.

3.3 Product quality

If Lamb Club Marketing Limited agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Lamb Club shall, in agreement with the Customer, replace the relevant Product.

4. PAYMENT

4.1 Method of Payment

Customers must pay Lamb Club Marketing Limited for the Products purchased by credit card. www.lamb-club.com does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

4.2 Payment by credit card

If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Lamb Club Marketing Limited will contact the Customer to make alternative payment arrangements.

Lamb Club Marketing Limited reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

4.3 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Lamb Club Marketing Limited shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

4.4 Change to payment policy

Lamb Club Marketing Limited may change its payment arrangements at any time, and any change will be notified to the Customer prior to the change coming into effect.

5. DELIVERY

5.1 Delivery areas

Lamb Club Marketing Limited reserves the right to deliver product within select areas of Southwestern Ontario only.

5.2 Delivery times

Deliveries will be made by arrangement with the Customer but within guidelines determined by Lamb Club Marketing Limited. Lamb Club Marketing Limited will contact the Customer via the phone number provided by the Customer 24 hours prior to the scheduled delivery time. Lamb Club Marketing Limited reserves the right to hold delivery pending contact and a firm delivery plan. If arrangements acceptable to Lamb Club Marketing Limited are not reached, the Customer will be deemed to have cancelled the order, and their payment will not be refunded.

5.3 Right to withhold delivery

Lamb Club Marketing Limited reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Lamb Club Marketing Limited permits) or alternative delivery arrangements are made.

5.4 Delivery and liability

Deliveries will be made to the agreed Delivery Point. If the delivery person brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Lamb Club Marketing Limited shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Lamb Club Marketing Limited for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

Lamb Club Marketing Limited shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.

5.5 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to Lamb Club Marketing Limited’s delivery person, and that it is safe for them to enter the Customer's premises in order to complete the delivery. If in the delivery person’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. If alternative arrangements acceptable to Lamb Club Marketing Limited are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.

5.6 Change of address

The Customer shall notify Lamb Club Marketing Limited immediately of a change to its delivery address and not more than 24 hours prior to the scheduled delivery.

5.7 Delays to delivery

Notwithstanding any other term, no member of Lamb Club Marketing Limited shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Lamb Club Marketing Limited or otherwise.

If Lamb Club Marketing Limited considers that the delivery of a Customer's order is likely to be substantially delayed, Lamb Club Marketing Limited will be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, and their payment will be refunded.

5.8 Delivery deemed to have taken place

If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will not be left at the Delivery Point but returned to Lamb Club Marketing Limited. The product will be deemed to have been delivered at that point in time. The Customer will be contacted to make alternative arrangements. Lamb Club Marketing Limited reserves the right to charge Customers an additional fulfilment fee of $20 in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Lamb Club Marketing Limited are not reached, the Customer will be deemed to have cancelled the order, and their payment will not be refunded.

5.9 Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product by giving notice in writing to Lamb Club Marketing Limited within 2 days of the date upon the Product was delivered to the Customer, in which case Lamb Club Marketing Limited will, at the request of the Customer, replace that Product with the Product that was originally ordered.

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Lamb Club Marketing Limited reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Lamb Club Marketing Limited reserves the right to charge the Customer for that Product.

6. VARIATION/CANCELLATION OF ORDER

6.1 Variation/cancellation of order

(a) The Customer may vary or change the order within 48 hours of the original order being confirmed by contacting Lamb Club Marketing Limited.

(b) If the Customer wishes to cancel an order more than 48 hours after the order was placed, the Customer will not be refunded.

(c) Lamb Club Marketing Limited may cancel any part of an order (including any orders that we have accepted) without any liability to the Customer for that cancellation at any time if:

the Products in that order are not available; or

there is an error in the price or the product description posted on the Site for the Product in that order; or

that we reasonably believe your order has been placed in breach of these terms and conditions.

(d) In the event of a cancellation by Lamb Club Marketing Limited, Lamb Club Marketing Limited will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

7. PROPERTY/RISK

7.1 Products

Property and risk in the Products shall pass to the Customer at point and time of delivery.

7.2 Login

The Customer shall keep their Login details safe and confidential at all times.

8. LIABILITY AND INDEMNITY

The provisions contained in this clause 8 are subject to clause 12 to the extent applicable.

8.1 LIABILITY

Except as expressly otherwise provided by clause 12, Lamb Club Marketing Limited shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by the Customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Products provided by Lamb Club Marketing Limited to the Customer.

8.2 Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of Lamb Club Marketing Limited against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Lamb Club Marketing Limited, arising directly or indirectly out of the Customer's use of www.lamb-club.com, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

If the Customer posts any material to www.lamb-club.com which Lamb Club Marketing Limited believes (in its sole discretion) is inappropriate for www.lamb-club.com then Lamb Club Marketing Limited may remove the material from the website.

9. INTELLECTUAL PROPERTY

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to www.lamb-club.com and its contents is owned by, and shall at all times remain the exclusive property of, Lamb Club Marketing Limited, its licensors and the providers of any other products and services accessible through Lamb Club Marketing Limited, and is protected by Canada and International law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.

10. FORCE MAJEURE

If the performance by Lamb Club Marketing Limited of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Lamb Club Marketing Limited) Lamb Club Marketing Limited shall be excused from such performance to the extent of such prevention.

11. PRIVACY ACT

The provisions contained in this clause 11 only apply to personal information collected by Lamb Club Marketing Limited on www.lamb-club.com.

11.1 Collection of information

www.lamb-club.com contains applications which collect personal information about the Customer. Lamb Club Marketing Limited will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.

In using www.lamb-club.com the Customer authorises Lamb Club Marketing Limited or Lamb Club Marketing Limited’s agents to collect, retain and use their personal information for the purposes of:

(a) processing the Customer's registration application;

(b) assessing the Customer's credit-worthiness;

(c) undertaking any dealings or transactions with the Customer;

(d) enforcing any legal or other rights Lamb Club Marketing Limited may have against the Customer in any manner that Lamb Club Marketing Limited sees fit;

(e) sending the Customer any advertising or promotional material; and

(f) enhancing www.lamb-club.com so that Lamb Club Marketing Limited may offer you a better, more personalised and tailored service.

11.2 Collection from other sources

In using www.lamb-club.com the Customer further authorises Lamb Club Marketing Limited to collect personal information about the Customer from any other source available to Lamb Club Marketing Limited including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.

11.3 Lamb Club Marketing Limited’s right to refuse application

If sufficient personal information is not supplied, or is not satisfactory to Lamb Club Marketing Limited, then Lamb Club Marketing Limited reserves the right to refuse to accept the person's application to register to use www.lamb-club.com.

11.4 Lamb Club Marketing Limited’s use of cookies

www.lamb-club.com may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use www.lamb-club.com you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.

11.5 Website Analysis Tools

Lamb Club Marketing Limited may use Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.

This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.

For further information about Google Analytics - Click here.

Emails sent on behalf of www.lamb-club.com to registered shoppers may include code that measures e-mail response and click through activity.

11.6 Information retained by Lamb Club Marketing Limited

Any personal information supplied by the Customer may be retained by Lamb Club Marketing Limited until such time as the Customer requests that the information be removed.

11.7 Disclosure

Any personal information supplied by the Customer and retained by Lamb Club Marketing Limited may be disclosed to other persons or body corporates engaged by Lamb Club Marketing Limited for or in relation to any of the purposes listed in clause 11.1 above, including but not limited to:

(a) Lamb Club Marketing Ltd employees.

(b) Research and/or marketing firms.

(c) Credit referral agencies.

(d) Business advisors.

Lamb Club Marketing Limited reserves the right to disclose a Customer’s personal information when it believes it is appropriate to comply with the law, facilitate court proceedings or to otherwise protect Lamb Club Marketing Limited’s rights. Lamb Club Marketing Limited may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

11.8 Storage of personal information

Lamb Club Marketing Limited has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.

While Lamb Club Marketing Limited endeavours to keep the Customer's personal information collected on www.lamb-club.com secure and confidential, no member of the Lamb Club Marketing Limited shall be responsible for any breach of security caused by third parties, nor represents that www.lamb-club.com is completely secure.

Any personal information that a Customer provides to Lamb Club Marketing Limited through www.lamb-club.com will be collected and held by Lamb Club Marketing Limited or on Lamb Club Marketing Limited’s behalf. Lamb Club Marketing Limited’s address is 294 Mill Street East, Suite 201, Elora, Ontario, Canada.

11.9 Customer's rights of access

The Customer has the right under the Canadian Privacy Act to access and request to update and/or correct their personal information held by Lamb Club Marketing Limited.

Customers may access and update certain personal information held by in the “Account" area of www.lamb-club.com. The Customer can also request a change to this information by contacting Lamb Club Marketing Limited.

12. WARRANTIES

The consumer Canadian Guarantees Act, the Fair Trading Act, and other statutes may impose warrantee, conditions or obligations upon Lamb Club Marketing Limited which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms and Conditions, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

13. LINKS TO AND FROM OTHER WEBSITES

13.1 Links to third party websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Lamb Club Marketing Limited. Lamb Club Marketing Limited does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than www.lamb-club.com, www.lambclub.co.nz, www.freshmeats.co.nz or www.mangatu.co.nz.

13.2 Hyperlinks

The Customer agrees that it will not create a hyperlink to www.lamb-club.com without Lamb Club Marketing Ltd express written permission. If a Customer does create a hyperlink to www.lamb-club.com, that Customer is responsible for all losses any member of Lamb Club Marketing Limited may suffer as a result of that link, whether direct or indirect. Linking to www.lamb-club.com is at the Customer's own risk. The Customer agrees that is shall not frame any part of www.lamb-club.com by including advertising or other revenue generating material.

14. VARIATION OF TERMS AND CONDITIONS

From time to time www.lamb-club.com may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of www.lamb-club.com after the terms and conditions have been changed indicates your acceptance of those changes.

15. GOVERNING LAW

Canada law governs the use of www.lamb-club.com and these terms and conditions.