Indemnification
Understanding mutual protection and liability allocation in our service relationship
Effective Date: January 1, 2024
Last Updated: August 29, 2025
Indemnification Overview
This indemnification policy outlines the circumstances under which you agree to protect and hold harmless KFresh Supermarket from certain claims, damages, and expenses that may arise from your use of our services.
By using our website and services, you acknowledge and agree to the indemnification terms set forth below, which are designed to provide clarity on liability allocation and mutual protection.
User Indemnification Obligations
You agree to indemnify, defend, and hold harmless KFresh Supermarket, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees.
Indemnification Triggers
Violation of Terms
Breach of our Terms of Service or applicable policies
Unlawful Use
Use of services in violation of applicable laws
Third-Party Rights
Infringement of intellectual property or other rights
Negligent Acts
Your negligent or wrongful acts or omissions
False Information
Providing false or misleading information
Fraudulent Activity
Fraudulent transactions or disputed charges
Scope and Coverage
What's Covered
- ✓Legal fees and court costs
- ✓Settlement amounts (with our consent)
- ✓Judgments and damages awarded
- ✓Defense costs and expenses
- ✓Third-party claims and demands
Limitations
- ✗Our own negligence or misconduct
- ✗Product defects not caused by misuse
- ✗Claims beyond your control
- ✗Force majeure events
- ✗Compliance with our instructions
Third-Party Services
Delivery Partners
Orders delivered through third-party platforms (Uber Eats, DoorDash, etc.) are subject to their respective terms and indemnification policies. You acknowledge that KFresh Supermarket has limited control over third-party delivery services and their operations.
Payment Processors
Payment processing is handled by certified third-party providers. While we implement security measures, you agree to indemnify us for any losses arising from payment disputes or fraudulent transactions that are not the result of our negligence.
Service Limitations
Our on-site delivery service is currently disabled. Cooked meals are available for pickup only. You acknowledge these operational limitations and agree to indemnify us for any claims arising from misunderstanding of available services.
Defense Rights and Procedures
Our Defense Rights
When you indemnify us, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
Defense Procedures:
- 1.Immediate notification of any claims or legal actions
- 2.Cooperation in providing information and documentation
- 3.No admission of liability without our written consent
- 4.Participation in defense strategy as requested
Settlement Authority
No settlement shall be entered into without our prior written consent. We will not unreasonably withhold consent to reasonable settlements, but reserve the right to reject settlements that may set adverse precedents or admit liability on our behalf.
Mutual Protection Principles
Our Commitments
- •Maintain reasonable security measures
- •Comply with applicable laws and regulations
- •Provide clear terms and policies
- •Handle claims fairly and promptly
Your Responsibilities
- •Use services in accordance with terms
- •Maintain account security and confidentiality
- •Provide accurate information
- •Report issues and concerns promptly
Legal Questions or Concerns?
For questions about indemnification terms or to report potential claims that may trigger indemnification obligations, please contact our legal team immediately.
Legal Department
legal@kfresh.caEmergency Legal Line
+1 (343) 996-9979Business Address
2090 Robertson Rd, Nepean, ON K2H 8V5
Ontario, Canada
Important: This indemnification policy is part of our Terms of Service. For time-sensitive legal matters, call immediately rather than relying on email communication.