Terms & Conditions

Last Updated: July 9, 2023

Introduction

Welcome to Toujours Mikes. These Terms and Conditions govern your use of our website located at toujoursmikes.ca (the 'Website'), our mobile application (the 'App'), and the ordering, delivery, and pickup services we provide (collectively, the 'Services').

By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Services.

Definitions

In these Terms and Conditions:

• 'We,' 'us,' 'our,' and 'Toujours Mikes' refer to Toujours Mikes Inc., a corporation registered in Canada with registration number 55760154.
• 'You' and 'your' refer to the user or viewer of our Website or App, or the customer placing an order through our Services.
• 'Content' refers to all information, text, graphics, photos, designs, logos, videos, and other materials that appear on our Website or App.
• 'Order' refers to a request placed by you through our Services for the purchase and delivery or pickup of food items.

Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you are at least 16 years old and that you have the legal capacity to enter into a binding agreement.

If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions.

Account Registration

To access certain features of our Services, you may need to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account password secure and confidential
• Notify us immediately of any unauthorized access to or use of your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

Ordering Process

Placing Orders

When you place an order through our Services, you make an offer to purchase the food items you have selected. We reserve the right to accept or reject your order for any reason, including but not limited to:

• Unavailability of items
• Errors in pricing or product description
• Delivery address outside our service area
• Suspected fraudulent activity

Order Confirmation

An order is not accepted until we have sent you an order confirmation via email or through the App. The order confirmation will include details such as the items ordered, price, estimated delivery or pickup time, and delivery address (if applicable).

Cancellation Policy

Once an order has been confirmed, it cannot be canceled except in special circumstances at our discretion. For cancellation requests, please contact our customer service team immediately.

Delivery

Delivery times are estimates only and may be affected by factors outside our control, such as weather conditions, traffic, or high order volumes. We strive to deliver your order within the estimated delivery time, but we do not guarantee delivery within a specific timeframe.

We deliver to addresses within our designated delivery zones. To check if your address is within our delivery area, please enter your postal code on our Website or App.

Pickup

If you choose to pick up your order, please arrive at the designated location at the estimated pickup time. You may be required to present identification to verify your identity when collecting your order.

Prices and Payment

Prices

All prices displayed on our Website or App are in Canadian dollars and include applicable taxes. Prices are subject to change without notice. The price charged for an item will be the price displayed at the time you place your order.

Payment Methods

We accept various payment methods, including credit cards, debit cards, and cash on delivery (where available). By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.

Fees

We may charge additional fees, such as delivery fees, service fees, or small order fees. These fees will be clearly displayed before you complete your order.

Promotions and Discounts

We may offer promotions, discounts, or special offers from time to time. These promotions are subject to specific terms and conditions, which will be communicated at the time of the offer. We reserve the right to modify or terminate any promotion at any time without notice.

Intellectual Property

All content on our Website and App, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Toujours Mikes or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

User Content

Our Services may allow you to post, submit, publish, display, or transmit content, such as reviews, comments, or feedback ('User Content'). By providing User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that:

• You own or control all rights to the User Content you post.
• The User Content does not infringe upon or violate the rights of any third party.
• The User Content is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

We reserve the right to remove any User Content at our sole discretion.

Prohibited Activities

You agree not to use our Services for any purpose that is unlawful or prohibited by these Terms and Conditions. Prohibited activities include, but are not limited to:

• Using our Services in any way that could damage, disable, overburden, or impair the Services
• Attempting to gain unauthorized access to any part of our Services, computer systems, or networks
• Using any robot, spider, or other automatic device or process to access our Services
• Introducing viruses, trojans, worms, logic bombs, or other harmful material
• Collecting or harvesting any information from our Services, including user names, email addresses, or other personal information
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity

Limitation of Liability

To the maximum extent permitted by applicable law, Toujours Mikes and its affiliates, officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims arising out of or relating to the use of our Services exceed the amount paid by you to us during the six (6) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Toujours Mikes and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of our Services.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

Changes to Terms and Conditions

We reserve the right to modify or replace these Terms and Conditions at any time. The most current version will always be posted on our Website. If we make material changes to these Terms and Conditions, we will notify you by email or through a notice on our Website or App.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, such provision shall be struck from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our Website or App, constitute the entire agreement between you and Toujours Mikes concerning our Services.