The following terms and conditions (“Terms and Conditions”, “Terms”) apply to your use of this website (“Website”) and/or purchase of products (“Product”) and/or services (“Service”) from 1513563 ONTARIO LIMITED (“Company”, “Encore Catering”).
Throughout the site, the terms “we”, “us” and “our” refer to Encore Catering. Encore Catering offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is processed via Stripe and is never stored on the Encore Catering website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, including any and all photography and images used throughout the website, without express written permission by us.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PRODUCTS OR SERVICES
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to modify or discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website.
SUBMITTED CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license to reproduce, adapt and modify, distribute, publicly display, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.
You acknowledge and confirm that your Content will be made available to the public on and through the Service without providing you attribution or compensation.
You may not upload, post or transmit any Content that: i) Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person; ii) Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content; iii) Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts; iv) Offends, defames, harasses or otherwise damages Encore Catering or any third party; v) Violates any law, statute, or regulation.
We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) Encore Catering will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, Encore Catering is entitled to take appropriate measures to pursue the rights granted to us hereunder.
You may use your Content that has been uploaded to the Website for purposes outside of the Website, however no part of Encore Catering including logos, names, or other intellectual property may be used outside of the Website. For example, you may use your Content on your own website but you may not use any Content from Encore Catering that you did not upload yourself. Uploading content to Encore Catering does not grant you the right to use any content from the Website that you do not already own the copyright for.
RESTRICTIONS ON USE OF THE SERVICE AND CONTENT
You represent and warrant to Encore Catering that by using the Service you will NOT: i) Impersonate any other person on the Services, e.g. a representative of Encore Catering or any other person responsible for the Services, or impersonate any non-existent relationship with such persons; ii) Send any data or store any data on a Encore Catering data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Encore Catering data network; iii) Make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited; iv) Use or exploit any metatags or other hidden texts containing the name or trademark of Encore Catering; v) Copy the look and feel of the Website.
NOTICE OF INFRINGEMENTS
Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address email@example.com.
If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to firstname.lastname@example.org including the following information: i) A description of the rights you consider to have been infringed; ii) A statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law; iii) Your address, telephone number and email address to contact you; iv) A statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Encore Catering be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Encore Catering and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at email@example.com.
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