Terms of Service K12 Lunches Inc. (v.2.2023)
K12 Lunches Inc. is a 100% Canadian owned, privately held corporation. Incorporated federally in Canada, provincially in B.C., and headquartered in Kelowna, B.C.
All software, web-site content, communications, products and services are considered confidential & proprietary and not to be copied or disseminated to 3rd parties. Digital content including logos are copyrighted and/or trademarked.
Members are required to keep their information up to date on the platform.
Members are not permitted to share the content of their own profiles with other users or outside party. Members are not permitted to share their login information with any other user or outside party.
Memberships fees are waived for all registered PAC’s, Non-Profits & Educational Societies
. For all other organizations, Membership fees are $99 / year and are non-refundable. There are no food VENDOR fees for enrollment or membership.
All Members acknowledge that the purpose of the K12 Lunches Inc. program is for PAC’s operating as a nonprofit to raise funds for their local school. Vendors are expected to offer discounted (menu) prices to allow PAC’s to upcharge the parents and in so doing raise funds. Final acceptance of prices and menu items is strictly managed between the PAC and the Vendor.
The PAC will have discretion on up charging for food items over the cost provided by the food Vendor. K12 Lunches Inc. recommends a standardized 15% - 25% increase with rounding up to the nearest $0.25.
Some benefits to the Vendors include: community outreach, social improvement and feeding underprivileged children, branding and awareness of the food Vendor’s business, larger food orders, parent & student feedback.
K12 Lunches Inc. provides the STRIPE Merchant Processing account for all PAC’s to simplifying the payments and collation of orders from Parents. K12 Lunches Inc. reserves the right to use other merchant processors in its sole discretion.
The School / PAC acknowledges being the Merchant for all transactions.
At final order confirmation by a Parent at checkout, the order will be broken down into:
Order (Food) Subtotal, Donation if applicable, and Processing Fee. Paid orders cannot be cancelled by the parent. The PAC must be contacted to adjust manually as Admin.
The STRIPE fee and K12 Lunches fee are collectively referred to as “Processing Fee”.
The “Order Subtotal” will be inclusive of the cost from the food Vendor or other supplier as applicable and the PAC’s prescribed markup.
K12 Lunches will automatically provide order summaries to the PAC and Vendor. All transactions are fully auditable and records are available in the PAC profile for each order.
Food Vendors will receive automatic email notifications of the food order. The food Vendor must: 1) acknowledge RECEIPT of the order by clicking the link in the email 2) after reviewing the order, click ACCEPTANCE of the order. By accepting the order, the food Vendor promises to produce the order as submitted by the date and time required for the price calculated.
K12 Lunches will disburse the funds electronically to the PAC. Each PAC must be setup to receive electronic payments and complete any necessary banking forms. Electronic payments will be made within 48 hours of the cut off window for each applicable date. Where a weekly transfer (payout) from K12 Lunches to a PAC / school falls below $100, K12 Lunches reserves the right to roll the amount over into the next weeks payout.
The PAC and/or school will be responsible for paying the Vendor.
Parents will have the option to top up the order with a donation. These proceeds are earmarked in the PAC statements at disbursement. PAC’s agree these funds are to be dedicated within the hot lunch program to serve poorer families which may not have the resources to participate in hot lunches! PAC administers those funds internally.
Parents will have the ability to pay for the hot lunches individually, or in advance based on the schedule released by the PAC. Notices will be automatically generated to Parents about lunch orders which have not been paid for. Unpaid orders will not be submitted in the final order sheet based on cut off dates established by the PAC.
The PAC will have the option to setup special events outside the regular in class lunches.
The PAC will have the option to setup and sell other merchandise such as clothing or concert tickets to raise additional funds. Some made to order clothing will be available (over time) for purchase thru K12 Lunches Inc. This will assist smaller schools which may not be able to procure their own suppliers / manufacturers due to volume or finances. In all cases K12 Lunches Inc. takes no responsibility for how the article fits, color or perceived quality.
The PAC will maintain control of the food Vendors made available to the Parents of their school. The PAC will also have access to tracking the nutritional value of the food being ordered over time and compare with the Health Canada Food Guide recommendations.
K12 Lunches Inc. does not warrant or advocate for any of the food Vendors. The quality of the food, quantity of the food, packaging of the food, timely delivery, nutritional value, and all other matters related to the food are the sole responsibility of the food Vendor.
PAC’s volunteers are responsible for the delivery of the hot lunches to the schools unless otherwise independently arranged between the PAC and the food Vendor.
Each Parent will be given access to their own student’s food profile where they can select from various food allergies. If the PAC (in cooperation with the food Vendors) label each food item / meal, the options for the Parents will be flagged accordingly in their profile. K12 Lunches Inc. does not accept responsibility for mislabeled food items.
PAC’s and Parents mutually agree that the “customer” engaged with the Vendor is the PAC’s themselves operating as a non-profit to raise funds for schools.
Disputes, tax adjustments, make up orders, credits and alike between the PAC’s and the Vendor will be handled directly between the parties and not thru K12 Lunches Inc. Likewise, Parents will bring their disputes, make up orders, credits and alike to the PAC who will act on their behalf with the Vendor.
K12 Lunches Inc. does not refund any transactions. It is the parents’ responsibility to ensure order accuracy on the K12 Lunches Inc. platform. In the event of a chargeback, due to any reason, including the use of a stolen credit / debit card, the PAC acknowledges K12 Lunches Inc. will deduct such amounts from the PAC proceeds. Likewise, should a parent pre-pay for orders into the future and then want to cancel the orders, or in the case the student leaves the school. The parent must coordinate with the PAC to manually adjust the orders in the Admin section before being placed with the Vendor AND request a refund from the PAC for the amount paid where goods and services are not provided.
Student ratings (reviews) and comments are tracked and used as part of improving the goods and services for all members.
The PAC, Parents and Vendors hold harmless K12 Lunches Inc. for any loss or interruption of service related to 3rd party host servers, internet providers, telecommunication providers, software providers and alike.
All members are expected to maintain professional communications. Language or content that is deemed by K12 Lunches Inc. in its sole discretion as harassment, racist, foul language or demeaning will not be tolerated and grounds for immediate termination of membership with K12 Lunches Inc.
All members agree to raise any concerns or grievances with the products, software, web-site or any other service of K12 Lunches Inc. with K12 Lunches Inc. directly and further agree not to air such concerns or grievances in the public domain.
Each member (Vendor, PAC, Parent) consents to communication from K12 Lunches Inc. by electronic means. Each member additionally consents to receiving emails for purposes including -but not limited to- promotions, newsletters, reminders, account support, and advertising. Members that opt out of electronic communications may not continue to use the K12 Lunches Inc. platform (software and web-site).
K12 Lunches Inc. reserves the right to refuse service and access to the platform for any reason. Which may include but not limited to: fraud, data mining, use of the platform outside the scope of services intended, abusive behavior, restrictive or selective access to the school body, not maintaining current contact information, and falsifying registration information.
Assessment and Collection of taxes, Fees.
All Members acknowledge that K12 Lunches Inc. is acting in an agency capacity between members for all transactions.
It is the responsibility of the PAC’s to ensure food Vendors and all other suppliers are not charging taxes on their respective goods and services. In the event taxes fall due or become applicable, or deemed collected, it is acknowledged that the price set by the PAC was inclusive of taxes and the PAC indemnifies K12 Lunches Inc on all tax matters.
It is the responsibility of the PAC’s to ensure the goods and services supplied conform to the exceptions found in the Excise Tax Act, Schedule V (Exempt Supplies) Part III (Educational Services). Likewise, the payment methodology to the Vendors is compliant with the Excise Tax Act and any CRA rulings and memorandum.
Merchant processing fees are passed along at cost as a flow thru expense in an agency capacity to the PAC’s. K12 Lunches Inc. leverages the collective volumes from all school PAC’s to negotiate the lowest merchant rates possible!
K12 Lunches Inc. charges a flat 1% fee plus GST or HST as applicable for use of the platform. This also means that parent accounts setup with an account balance or credit from the PAC are still charged the 1% fee on each transaction even if a credit card is not being used at checkout.
Credit cards that are reported a) unauthorized use b) lost or c) stolen, by the account holder and result in a chargeback to K12 shall incur: 3% Stripe Fee, $15 Stripe Admin Fee and $25 K12 Admin Fee; Which shall in total be the responsibility of the PAC to reimburse K12. The card holder must ensure where their credit card has had i) unauthorized use ii) lost or iii) stolen, they clearly make the distinction to the card provider the K12 transaction is legitimate so as not to be inadvertently be caught up in a chargeback. Furthermore, a parent who abuses the use of their own credit card in such a manner shall have their account struck from K12 at K12’s sole discretion.
The CRA reporting, remittance, & refunding of taxes by the Vendor and/or PAC and/or school and/or school district is the sole responsibility of the applicable party. K12 Lunches Inc. does not offer or warrant any tax advice.
Tax receipts for additional (top up) donations are not available from K12 Lunches Inc. or the PAC as the donation is linked to a material benefit of a family member (order of food). If a parent wishes to make a larger monetary donation, we recommend this be done separately from the K12 Lunches Inc. platform. Or setup as a stand-alone donation.
These Terms of service are governed by the laws of the province of British Columbia and shall be regarded as the court of original jurisdiction in all legal matters.
Address for service:
K12 Lunches Inc.
827 Raymer Road
Kelowna, BC V1W 1J7
Toll Free 877 708-3363
Terms of Service are subject to change without notice and must be acknowledged annually with enrollment or membership renewal.