- ACCEPTANCE OF TERMS
Taste Haus Inc. (“Taste Haus”, “we”, “us”), provides Services (as defined below) to you through this website (TasteHaus) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. We reserve the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly, These Terms were last updated on [September 23 2020].
If you do not agree with one or more of these Terms, do not access or use this Website or the Services
To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If Taste Haus, in its discretion, considers your Account or Credentials to be
3-DESCRIPTION OF SERVICES
TasteHaus is offering to persons who have
5-USE OF THE WEBSITE
We authorize you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with us or using the Services. You may not remove any
6-TRADE-MARKS AND COPYRIGHT
Taste Haus Inc., Taste Haus, this Website domain and other trade names or trade-marks of Taste Haus used on this Website, and related words and logos are trade-marks or trade-names of Taste Haus in Canada and other jurisdictions. Taste Haus is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Taste Haus. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Taste Haus or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Taste Haus materials remains with Taste Haus and any unauthorized use of such materials is strictly prohibited. Taste Haus reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law. Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Website, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Website, without the express permission of Taste Haus and the owner of such content.
We do not grant you any licenses, express or implied, to the intellectual property of Taste Haus or our licensors except as expressly authorized by these Terms and Conditions of Use.
We reserve the right but are not obligated to remove any content if we have reasonable grounds to suspect that such content violates these terms and conditions and/or infringes the intellectual property of any other party.
7-USER GENERATED CONTENT
Portions of this Website allow users to post and exchange information, ideas and opinions (“User Content”), but we do not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Taste Haus, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Taste Haus (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
While each registered user of Taste Haus owns the copyright in and to all user-generated content original to it, including without limitation on any products delivered or otherwise made available to you through the Website, if you provide User Content or Feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant us the right to use the name you submit with the User Content or Feedback, if any, in connection with our rights hereunder.
Hyperlinks on this Website are provided for your convenience only. We have no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site. We do not assume responsibility for the accuracy or appropriateness of the content contained on those websites. You enter those sites at your own risk. A link to those websites should not be construed to mean that we are affiliated or associated in any way or that we endorse or recommend those websites.
9-ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless Taste Haus from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Taste Haus retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
- Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Taste Haus, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Taste Haus Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Taste Haus Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
- Taste Haus Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Taste Haus Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services. You are solely responsible for obtaining and maintaining reliable Internet connectivity. We are not responsible for your inability to download or otherwise access content.
- The access to and downloading of material from this Website is done at your own risk. We make reasonable efforts to ensure that this Website is virus-free, but we do not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
- Information on the Website should not necessarily be relied upon and should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information
provided,and are not responsible for any loss resulting from your reliance on such information.
- If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the Website.
- Taste Haus provides a platform for the exchange of ideas between its users and accordingly, we have no control over the performance of any of the products or services obtained through the Website. Any opinions, advice, statements, services, offers or other information or content expressed or made available by users, are those of the respective users and not of Taste Haus. We do not guarantee the accuracy, completeness or usefulness of all or any portion of any services or offers made by users, nor will we be liable for any loss or damage caused by your reliance on information provided by users, or your use of services offered, or your acceptance of any offers made through the Website.
- We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to [NTD: insert e-mail] so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website
12- LIMITATIONS OF LIABILITY
IN NO EVENT WILL TASTE HAUS PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. TASTE HAUS PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF TASTE HAUS PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You are subject to the limitations of liability contained in this policy and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you pursuant to this policy and/or the ancillary policies, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
You acknowledge and agree that these Terms present a fair allocation of risk and
The relationship between Taste Haus and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
The Website is controlled, operated and administered by Taste Haus from its offices and servers located within Canada. If you access the Website from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.
In the event that we must take any action against you to enforce your obligations under these Terms and Conditions of use and/or any ancillary policies, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.
These Terms have been drawn up in the English language at the express request of the parties. Les presents modalitiés
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Taste Haus. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.