Terms of Service - PACmeLunch

1. Agreement to Terms

By accessing or using the PACmeLunch mobile application and services ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and PACmeLunch ("we," "our," or "us").

2. Eligibility and Account Registration

2.1 Age Requirements

Parents/Guardians: You must be at least 18 years old to create an account
Vendors: You must be a legally registered business or authorized representative
School Administrators/PACs: You must be authorized by your school authority or Parent Advisory Council (PAC) to use the Service

2.2 Account Creation

To use our Service, you must:

Provide accurate and complete information
Maintain the security of your account credentials
Promptly update any changes to your information
Not share your account with others
Notify us immediately of any unauthorized access

2.3 Account Termination

We reserve the right to suspend or terminate your account if:

You violate these Terms
You provide false or misleading information
Your account is used for fraudulent purposes
You engage in prohibited activities

3. Description of Service

PACmeLunch is a platform that connects:

Parents/Guardians who order school lunches for their children
Schools that coordinate meal programs
Restaurant Vendors who prepare and deliver meals

3.1 Platform Role

We provide the technology platform to facilitate orders. We are not:

A food preparation or delivery service
Responsible for food quality or safety
A party to the contract between parents and vendors
Liable for vendor performance

4. Orders and Payments

4.1 Placing Orders

Orders must be placed through the mobile application
Order Cutoff: Orders must be placed by 8:00 AM local time on the day of delivery
Orders are subject to vendor availability and school authority schedules
You are responsible for providing accurate order information

4.2 Pricing

All prices are displayed in Canadian Dollars (CAD)
Prices are set by restaurant vendors and may change
Tax Exemption: Most school lunch items are exempt from GST/HST and PST in BC under the school cafeteria exemption
Prices include all applicable taxes

4.3 Payment Processing

Payments are processed securely through Stripe
You authorize us to charge your payment method for all orders
We do not store complete credit card information
Payment must be received before orders are processed
A 8.1% platform fee applies to all orders

4.4 Payment Failures

If payment fails:

Your order will not be processed
You will be notified in the app
You may update your payment method and retry

5. Cancellations and Refunds

5.1 Cancellation Policy

Cancellation Deadline: Orders can be cancelled until 8:00 AM on the day of delivery
Cancellations must be made through the mobile application
Late cancellations may not be eligible for refunds

5.2 Refund Policy

Full Refunds:

Orders cancelled before the deadline
School closures or unexpected schedule changes
Vendor failure to deliver
Incorrect or missing items

No Refunds:

Orders cancelled after the deadline
Student absence on delivery day (food may be picked up from school)
Change of mind after cutoff time (food may be picked up from school)
Dietary preferences (unless allergen-related safety issue)

5.3 Refund Processing

Refunds are processed within 5-7 business days
Refunds are issued to the original payment method

6. Food Safety and Allergies

6.1 Vendor Responsibility

Restaurant vendors are solely responsible for:

Food preparation and safety
Compliance with health regulations
Accurate ingredient and allergen information
Food quality and freshness

6.2 Allergen Disclaimer

IMPORTANT: While we provide a field for dietary restrictions and allergies, we cannot guarantee that meals will be free from allergens.

Parents are responsible for reviewing menu items
Contact vendors directly for detailed allergen information
Do not order if you have severe allergies
We are not liable for allergic reactions

6.3 Food Safety Issues

If you experience food safety concerns:

Contact us immediately at support@pacmelunch.com
Contact your local health authority
Preserve the food item if possible
We will investigate and take appropriate action

7. School Closures and Schedule Changes

7.1 Scheduled Closures

Schools are responsible for updating their schedules in the platform
We will notify you of known closures
Orders for closure days will be automatically cancelled with full refunds

7.2 Emergency Closures

In case of unexpected closures (weather, emergencies):

We will cancel orders and issue refunds as soon as possible
You will be notified through available channels

8. Vendor Obligations

8.1 For Restaurant Vendors

By using our Service as a vendor, you agree to:

Maintain all required food handling licenses and permits
Comply with all food safety regulations
Prepare meals according to menu descriptions
Deliver orders on time to designated school authority locations
Provide accurate allergen and ingredient information
Maintain liability insurance
NOT offer or sell prohibited food items as defined in Section 8.3

8.2 Vendor-School Contracts

Vendors enter into contracts with school authorities/PACs (not individual parents)
Contracts must comply with CRA requirements for school cafeteria tax exemption
Vendors must not charge GST/HST on exempt items

8.3 Prohibited Food Items

To maintain compliance with school nutrition standards and tax regulations, vendors are strictly prohibited from offering the following items on the PACmeLunch platform:

❌ Carbonated beverages (pop, soda, soft drinks)
❌ Candy and confectionery (including chocolate bars, gummies, hard candy)
❌ Chips and similar snack foods (potato chips, corn chips, cheese puffs)

Rationale:

These items do not align with healthy school nutrition policies
They are classified as "prescribed foods" that do not qualify for the school cafeteria tax exemption
Schools and PACs have requested these items be excluded from the platform

Consequences of Violation:

First offense: Warning and mandatory removal of prohibited items from menu
Second offense: Temporary suspension from the platform (minimum 30 days)
Third offense: Permanent removal from the platform

Vendors found offering prohibited items will have those items immediately removed from their menus, and any pending orders containing such items will be cancelled with full refunds issued to customers.

9. Intellectual Property

9.1 Our Property

All content, features, and functionality of the Service are owned by PACmeLunch and are protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or distribute our content
Reverse engineer the application
Use our trademarks without permission
Create derivative works

9.2 User Content

By submitting content (reviews, photos, feedback), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service.

10. Prohibited Uses

You agree not to:

Use the Service for any illegal purpose
Impersonate another person or entity
Interfere with the Service's operation
Attempt to gain unauthorized access
Upload viruses or malicious code
Harass, abuse, or harm others
Scrape or data mine the Service
Use automated systems (bots) without permission

11. Limitation of Liability

11.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

11.2 Limitation of Damages

To the maximum extent permitted by law, PACmeLunch shall not be liable for:

Indirect, incidental, or consequential damages
Loss of profits, data, or business opportunities
Damages arising from food quality or safety issues
Vendor performance or non-performance
Service interruptions or technical issues

11.3 Maximum Liability

Our total liability to you for any claim arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless PACmeLunch, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your violation of these Terms
Your use of the Service
Your violation of any third-party rights
Any content you submit

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

13.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in British Columbia for resolution of any disputes.

13.3 Informal Resolution

Before filing a legal claim, you agree to first contact us at legal@pacmelunch.com to attempt to resolve the dispute informally.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms in the app
Sending an email notification
Displaying a prominent notice

14.2 Acceptance of Changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

16. Termination

16.1 Your Right to Terminate

You may terminate your account at any time by:

Deleting your account through app settings
Contacting us at support@pacmelunch.com

16.2 Our Right to Terminate

We may suspend or terminate your access to the Service:

Immediately for violation of these Terms
With notice for any other reason
Without liability to you

16.3 Effect of Termination

Upon termination:

Your right to use the Service ceases immediately
Outstanding orders will be processed or refunded
We may delete your account data (subject to legal retention requirements)

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PACmeLunch regarding the Service and supersede all prior agreements and understandings.

19. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@pacmelunch.com
Support: support@pacmelunch.com

21. Acknowledgment

By using PACmeLunch, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: December 10, 2025 | Version: 1.0