Terms & Conditions of Service
In purchasing this service from ClearWater Farm, an operation of Ontario Water Centre, a not-for-profit corporation with charitable status (collectively referred to hereafter as ClearWater), you understand and acknowledge that:
- You are ordering and purchasing grocery products directly from Grocery Gateway. If you require training on setting up and using their service, you must work directly with their customer service department.
- Grocery Gateway is entirely responsible for accepting your grocery order, picking that order on the correct day, and packing the order in appropriate totes to preserve its freshness through to 5pm on delivery day. ClearWater Farm will not be checking the contents of the orders they prepare for you. If you are unhappy with their products or services, your only recourse is to seek redress directly from Grocery Gateway.
- ClearWater is not responsible, and you agree not to hold it (or its directors, officers or other representatives) responsible, for any failure to perform by Grocery Gateway in accepting, fulfilling, correctly packing (so as to ensure quality of perishable products is maintained), and conveying to us any order placed by you using their online service.
You are purchasing conveyance services only from ClearWater, taking receipt from Grocery Gateway in Toronto of orders purchased by you from them, and conveying such orders to your dock by van and by boat.
- Grocery Gateway packs its groceries in totes, placing perishable items in insulated containers using cooler packs to preserve these items while these items are being delivered.
- During ClearWater’s delivery process, these containers will be conveyed in trucks/boats that may not be refrigerated.
- Any failure of Grocery Gateway’s containers to preserve perishable items until at least 5pm on delivery day are not ClearWater’s responsibility, and you agree to not attempt to hold ClearWater responsible for any losses associated with any such failure.
Relying on your purchase of a weekly delivery service for your groceries (details will vary with services purchased), ClearWater will be setting aside and holding for your benefit delivery capacity that is a scarce resource and that costs ClearWater money to provide to you. If you fail to place an order with Grocery Gateway during any week for which you have contracted with ClearWater to provide conveyance services – for any reason, including a misunderstanding between you and Grocery Gateway or their failure to fulfill your order — we will nevertheless have incurred costs on your behalf and will charge you our pre-agreed fee for having set aside the capacity to deliver your grocery order. You understand and acknowledge that such charges are fair and reasonable and you will not attempt to challenge them.
As a Georgian Bay cottager, you understand that weather can be unpredictable, and that storms, lightning, heavy winds and wave action, and other natural phenomena wholly out of ClearWater’s control can pose significant risks to use of boats for temporary periods of time. ClearWater’s first concern must be for the physical safety of the individuals who will make deliveries by boat to your cottage dock. You understand and acknowledge that from time to time, ClearWater may have to delay the timing of its delivery of your groceries due to weather or other force majeure events outside of its control. ClearWater and its staff will make all reasonable efforts to make deliveries as close to the agreed times as possible. Should unavoidable delays due to weather and other force majeure events lead to spoilage of perishable products, you agree not to hold ClearWater responsible for such spoilage.