Terms of Service

1. Introduction and Acceptance

Welcome to Swiss Chalet ("we," "our," "us," or the "Company"). These Terms of Service ("Terms") govern your use of our website at swisschaletss.com and our food delivery services. By accessing or using our website, placing orders, or using our services, you agree to be bound by these Terms.

1.1 Agreement to Terms

By using our website or services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1.2 Eligibility Requirements

• You must be at least 18 years of age to use our services
• You must have the legal capacity to enter into binding agreements
• Your use of our services must comply with all applicable laws
• You must provide accurate and complete information when creating an account

1.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "our," or "us" refers to Swiss Chalet and its affiliates
• "You," "your," or "User" refers to the person or entity using our services
• "Services" refers to our food preparation, delivery services, website, and related offerings
• "Content" refers to all text, images, videos, data, and other materials on our website
• "Website" refers to swisschaletss.com and all associated subdomains
• "Order" refers to a request for food items placed through our website or services
• "Delivery Zone" refers to the geographical areas where we provide delivery services

3. Use of Services

3.1 Permitted Use

You may use our website and services for the following purposes:

• Personal, non-commercial use for ordering food
• Browsing our menu and restaurant information
• Creating an account to manage your orders
• Contacting us for customer support
• Compliance with all applicable laws and regulations

3.2 Prohibited Use

You agree not to use our website or services for any of the following prohibited activities:

• Any illegal activities or violation of local, state, or federal laws
• Harmful, fraudulent, deceptive, or malicious behavior
• Attempting to gain unauthorized access to our systems or data
• Violating intellectual property rights of Swiss Chalet or third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting our website or services
• Using automated systems to access our website without permission
• Reverse engineering or attempting to extract source code
• Commercial use without prior written permission

4. User Accounts

4.1 Registration Requirements

To place orders and access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update your information as necessary.

4.2 Account Security Responsibility

• You are responsible for safeguarding your account password
• You must notify us immediately of any security breaches
• You are liable for all activities under your account
• We are not liable for losses due to unauthorized account use

4.3 One Account Per Person

Each individual may maintain only one account. Multiple accounts may be subject to suspension or termination.

4.4 Account Termination Rights

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

5. Products and Services

5.1 Product Descriptions and Accuracy

We strive to provide accurate descriptions of our food items, including ingredients, nutritional information, and pricing. However, we do not warrant that product descriptions are error-free, complete, or current.

5.2 Pricing and Availability

• All prices are listed in Canadian Dollars (CAD)
• Prices are subject to change without notice
• Menu items are subject to availability
• Taxes and delivery fees are additional unless stated otherwise

5.3 Order Acceptance and Cancellation

All orders are subject to acceptance. We reserve the right to refuse or cancel orders for any reason, including but not limited to:

• Item unavailability
• Pricing errors
• Delivery zone restrictions
• Suspected fraudulent activity
• Failure to meet minimum order requirements

5.4 Delivery Terms and Timing

5.5 Payment Terms

• Payment is due at the time of order placement
• We accept major credit cards and electronic payment methods
• All payments are processed securely through encrypted systems
• Additional fees may apply for certain payment methods

5.6 Food Quality Guarantee

We guarantee the quality and freshness of our food items. If you are not satisfied with your order, please contact us within 24 hours for resolution. Our Refund Policy provides detailed information about returns and refunds.

6. Intellectual Property

6.1 Our Ownership

All content on our website, including but not limited to text, graphics, logos, images, recipes, and software, is owned by Swiss Chalet and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes in accordance with these Terms.

6.3 User Content License

By submitting content to our website (such as reviews or comments), you grant us a worldwide, royalty-free license to use, display, and distribute such content in connection with our services.

6.4 Copyright Infringement Reporting

If you believe your copyright has been infringed, please contact us at [email protected] with details of the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, including reviews, comments, and feedback. You warrant that your content does not violate any third-party rights or applicable laws.

7.2 Prohibited Content

You agree not to submit content that is:

• Defamatory, offensive, or inappropriate
• Infringing on intellectual property rights
• Containing personal information of others
• Promoting illegal activities or violence
• Spam or promotional in nature

7.3 Right to Remove Content

We reserve the right to remove, edit, or refuse to display any user content that violates these Terms or that we deem inappropriate, without notice.

8. Disclaimers

8.1 "As Is" Service Provision

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 No Warranty of Uninterrupted Service

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. We may suspend or terminate services for maintenance, updates, or other reasons.

8.3 Third-Party Content Disclaimer

We are not responsible for third-party content, websites, or services linked to or from our website. Such links do not constitute an endorsement.

8.4 Professional Advice Disclaimer

Information on our website is for general purposes only and should not be considered professional nutritional or medical advice. Consult professionals for specific dietary needs or health concerns.

9. Limitation of Liability

9.1 Maximum Liability Limits

To the fullest extent permitted by law, our total liability for any claims arising from your use of our services shall not exceed the amount you paid for the specific order giving rise to the claim, or CAD $100, whichever is less.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or business information
• Business interruption
• Loss of business opportunities
• Personal injury not directly caused by our negligence

9.3 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability shall be limited to the fullest extent permitted by law.

10. Indemnification

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless Swiss Chalet, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to our website

10.2 Defense and Settlement Rights

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.

11. Third-Party Links and Services

11.1 No Responsibility for Third Parties

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of such third parties.

11.2 Third-Party Terms Apply

Your use of third-party services is governed by their respective terms and conditions, not these Terms.

11.3 No Endorsement

Links to third-party sites do not constitute an endorsement of such sites or their content, products, or services.

12. Termination

12.1 Company Right to Terminate

We may suspend or terminate your access to our website and services at any time, with or without cause, with or without notice, for any reason including violation of these Terms.

12.2 User Right to Terminate

You may terminate your account at any time by contacting us at [email protected] or by ceasing to use our services.

12.3 Effect of Termination

Upon termination:

• Your right to access our website and services will cease
• Outstanding orders may be fulfilled or cancelled at our discretion
• Provisions regarding liability, indemnification, and dispute resolution shall survive

13. Governing Law and Disputes

13.1 Applicable Law

These Terms 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 conflict of law principles.

13.2 Dispute Resolution Process

Before pursuing formal legal action, we encourage you to contact us at [email protected] to resolve any disputes informally. We are committed to working with you to find a mutually acceptable resolution.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Mississauga, Ontario, Canada, and you hereby consent to the jurisdiction of such courts.

13.4 Time Limitation

Any claim or cause of action arising from your use of our services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices.

14.2 Notification of Changes

When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page
• Post notice of changes on our website
• Notify registered users via email when practical

14.3 Continued Use = Acceptance

Your continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for updates and changes.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Swiss Chalet regarding use of our website and services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver shall be effective unless in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, strikes, government actions, or pandemic-related restrictions.

15.6 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.