Terms & Conditions
FoodRing
• Service offered through a website: https://www.foodring.ca
• And a mobile app
• These Terms of Service form a legally binding agreement ("the Agreement") between you and Foodring, its parent companies, subsidiaries, representatives, affiliates, officers and directors governing your use of the Service.These Terms of Service form a legally binding agreement ("the Agreement") between you and Foodring, its parent companies, subsidiaries, representatives, affiliates, officers and directors governing your use of the Service.
• We reserve the right to modify, at our sole discretion, portions of these Terms of Use at any time. If we do, we will update this page with the last modified date.
• We will send notices of these changes, by email or other reasonable means.
• These changes will become effective immediately after you accept them.
• Your continued use of this service after the update date constitutes your acceptance of the new terms.
• Unless material changes are made to the arbitration provisions herein, you agree that the modification of this Agreement will not create a new opportunity to opt out of arbitration (if any). If you do not agree to abide by these Terms of Service or any future Terms of Service, do not use or access (or continue to use or access) the Service.
• If you do not agree to these terms or any future terms, do not use or access (or continue to use) this service.
• PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES (EXCEPT LIMITED EXCEPTION) THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO SUE CLAIMS AGAINST FOODRING ON AN INDIVIDUAL BASIS , NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU SHALL NOT BE ENTITLED TO SEEKING RELIEF (INCLUDING PECUNIARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3 ) YOU WILL NOT BE ABLE TO HAVE ANY CLAIM YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF JUSTICE. BY ACCEPTING THE TERMS OF USE AND/OR BY USING THE FOODRING SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL ITS TERMS.
• Additionally, when using certain services, you will be subject to any additional terms applicable to such services which may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.foodring.com/privacy/. All such terms are incorporated by reference into these Terms of Service.
Access and use of the service
• Description of the service: The service is a technological platform offering an online market ( marketplace ) allowing a link between chefs, caterers and any other individual wishing to list, offer, sell and deliver food (“Meals”), at large public, to customers browsing the platform and purchasing Meals.
• Users who purchase Meals through the Service are “Customer(s)” and users who list, prepare and sell Meals through the Service are “Seller(s)”. A user can be both a customer and a seller. All purchases are made directly (and any contract of purchase and sale is) between the Customer and the Seller.
• Foodring offers a marketplace, it is not itself a seller and does not prepare, package or sell any food. To encourage reuse of the Service, Foodring may also help facilitate the resolution of disputes between Customers and Sellers, but Foodring has no control over and does not guarantee (a) the existence, quality, safety, authenticity or the legality of the Meals offered or sold on the Service; (b) the truth or accuracy of any Seller's content or advertisements on the Service; (c) a Seller's ability to sell Meals through the Service and deliver the Meals within the required delivery times; (d) Customers' ability to pay for Meals purchased through the Service; or (e) that a Customer or Seller will actually complete a transaction, trouble-free delivery and shipping, or return a meal through the Service.
• Sellers are independent business owners and independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Foodring. Foodring does not cook, package or deliver food and does not employ people to cook, package or deliver food.
• Each Seller is solely responsible for compliance with all applicable laws, rules, regulations and standards, including but not limited to those relating to the preparation, sale, marketing and packaging of all Meals ordered through Foodring, and updating the details and prices relating to the Meals offered. Each seller is solely responsible for the quality, safety and freshness of their products, and Foodring does not verify the credentials, representations, products, services or prices offered by sellers, and does not guarantee not the quality of the product or services, or that the sellers or meals comply with applicable laws. Foodring will not be liable for Meals provided by Vendors that cause injury or fail to meet your expectations in any way.
• Depending on the jurisdiction, Foodring may enter into agreements with independent contractors (each a “Courier”) to provide delivery services in certain circumstances if desired by individual Sellers or Customers. If a vendor or customer chooses to use a courier to deliver a meal, Foodring does not offer such delivery services and assumes no responsibility for the actions or inactions of a courier. Foodring shall not be liable for delivery services provided by any courier or for any errors or misrepresentations made by them. Couriers are responsible for complying with all applicable laws, rules and regulations.
• Your Registration Obligations: You may be required to register with Foodring in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain valid, accurate, current, and complete information about yourself as requested by the Service registration form. Registration Data and certain other information about you is governed by our Privacy Policy. The Service is available only to persons who enter into legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (persons who have not reached the age of majority in their province of residence) or to users temporarily or permanently suspended from the Service (customers and sellers) . If you are not eligible, please do not use the Service. In addition, Foodring reserves the right to deny access to or use of the Service to anyone who violates these Terms of Service or for reasons relating to the safety of the Foodring Community, including Users, employees or potential Foodring Users.
• Membership Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, as applicable, and are fully responsible for all activities that occur under your password or membership. account. You agree to (a) immediately notify Foodring of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. when you access the Service. Foodring will not be liable for any loss or damage resulting from your failure to comply with this section.
• Modifications to the Service: Foodring reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Foodring shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• General Practices Regarding Use and Storage: You acknowledge that Foodring may establish general practices and limitations regarding use of the Service. You agree that Foodring assumes no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Foodring reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Foodring reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice.
• Mobile Services: The Service may include certain services available through a mobile device, including (i) the ability to upload content (including meal options or vendor or customer information) to the Service through a mobile device , (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). "). To the extent you are accessing the Service through a mobile device, your mobile carrier's standard charges, data rates, and other charges may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about Foodring and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your use of the Mobile Services may be disclosed to us. communicated. If your mobile phone number changes or is deactivated, you agree to promptly update your Foodring account information to ensure that your messages are not sent to the person who acquires your old number. You acknowledge and agree that your use of the Service must comply with the usage rules established by your mobile platform or service provider.
• By registering and using Foodring and providing your contact details, you consent to be contacted by Foodring or one of its business partners by telephone, SMS (which may be automated), email, fax, telephone or any other means. , even if you have opted in to the National Do Not Call List, any equivalent National Do Not Call List, or any company's internal Do Not Call List. If you no longer wish to receive communications from Foodring or its business partners, you agree to notify Foodring directly. You can opt out of various contact methods by emailing support@foodring.com .
Terms of use
• User Conduct: You are solely responsible for all descriptions, images, listings, information, data, text, music, sound, graphics, videos, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "upload") or by e-mail or otherwise used via the Service. The following are examples of the type of content and/or use of the Service that is illegal or prohibited by Foodring. Foodring reserves the right to investigate and take appropriate legal action against anyone who, in Foodring's sole discretion, violates this provision, including, without limitation, removing offensive content from the Service, suspension or termination of the account of such offenders and reporting to legal authorities. You agree not to use the Service to:
• sell, publish or otherwise transmit any content or information relating to a Meal offer or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another's privacy, racially, ethnically or otherwise objectionable; (ii) you do not have the right to sell or convey under any law or contractual or fiduciary relationship; (iii) poses or creates a risk to the privacy or security of any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "contests", "sweepstakes" or any other form solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in Foodring's sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose Foodring or its users to harm or liability of any kind ; b) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; (c) solicit personal information from anyone under the age of 18; (d) harvest or otherwise collect email addresses or other contact information of other users of the Service or the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications solicited; e) advertise or offer to sell or buy any goods or services other than Meals to be prepared, sold and purchased through the Service; f) use the Service to request, prepare or accept a Meal independently of the Service, in order to circumvent the fees that would otherwise apply to such transaction; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; h) violate any applicable local, provincial, national or international law, or any regulation having the force of law; i) engage in activities that violate the Telephone Consumer Protection Act,
• User Representations, Warranties and Agreements. All Users represent and warrant that: You are at least of legal age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
• You have the right, authority and ability to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will comply with them;
• You have read, understood and agree to be bound by these Terms of Service and the Privacy Policy
• You will respect the privacy (including, without limitation, private, family and home life) and data protection rights of users with whom you communicate through Foodring Marketplace
• You will fulfill the commitments you have made to other Users, communicate clearly and respectfully, provide or accept Meals at the agreed time and only use the third-party payment service provider specified or approved by the Company to make or receive a payment via the Foodring Marketplace.
• You will act in a professional and responsible manner in your interactions with other Users;
• You will use your real name or the name of your company on your profile;
• When using or accessing Foodring Marketplace, including preparing, packaging, delivering, providing, or receiving meals, you will act in accordance with all applicable local, state, and federal laws and regulations. and in good faith;
• You have no purpose, status or interest that the Company might reasonably wish to know in connection with the Foodring Marketplace, including, without limitation, whether you use or will or intend to use the Foodring Marketplace at for journalistic, academic, investigative or unlawful purposes.
• Sellers further represent and warrant that:
• When you sell through the Foodring Marketplace, you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity;
• You are engaged in an independently established business selling goods similar to the goods you sell to Customers through the Foodring Marketplace, and maintain an independent customer base;
• If you sell food in a jurisdiction that requires you to have one or more licenses and/or tax registration, you have the required license(s) or tax registration;
• You are responsible for identifying and obtaining all required licenses, permits or registrations before selling food through the Marketplace.
• You have all the necessary insurance to operate your business and sell food through the Marketplace;
• You will use your real name or business name and an up-to-date photo on your profile;
• You will honor your commitments to other Marketplace Users, including fulfilling product orders on time and as agreed with your Customer and providing high quality food in a timely manner to your Customers;
• You will only sell food in a safe manner and in compliance with all applicable laws;
• For each item you sell, you will disclose each ingredient to your customers, including, but not limited to, each major allergen as defined by local, state, or federal law;
• You will only cook food in a place where the law allows you to cook food;
• You will pay all applicable federal, state and local taxes based on the revenue earned for your sale of food (note that the Platform will collect and remit taxes for the sale of food where applicable);
• You agree not to market your meals in a false or misleading manner, including, but not limited to, not making any false representations or statements regarding the nutritional value of your meals.
• Vendor Facilities: In addition to the above conduct restrictions, to the extent that you are a Vendor, you represent and warrant that your use of the Services to market, advertise and sell Meals does not violate any applicable law or regulation.
• Ingredients and Allergens: For any particular Meal and related content posted using the Service, a Seller must provide a complete list of the ingredients contained or otherwise used to prepare the Meal, including any known allergens. Foodring is not responsible for the accuracy of the information and labeling of Meals delivered to Customers. Customers should be advised that meals may be prepared in facilities using the same equipment used to prepare meals containing other allergens, even if the allergen is marked as being absent from the food. Foodring shall not be liable or shall have any liability for any reaction, illness, health condition or injury resulting from the consumption and handling of any Meals and related items purchased through this platform.
• Vendor Insurance: Foodring maintains insurance for its own business operations, but it does not maintain insurance for the actions of vendors or customers. If you are a Vendor, Foodring recommends that you obtain appropriate insurance to cover the operation of your food service establishment and the preparation and delivery of Meals. Please review any respective insurance policy carefully, and in particular ensure that you know and understand any exclusions and deductibles that may apply to such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third-party services.
• Customer Feedback Guidelines: To the extent that you are a customer, Foodring may allow you to upload content and leave feedback regarding your meal purchase. Foodring may accept, reject or remove reviews and any associated content at its sole discretion. Foodring has absolutely no obligation to screen or remove reviews or related content, even if anyone finds the reviews to be objectionable or inaccurate. Clients posting reviews must meet the following criteria: (1) reviewers must have direct experience with the person/entity being reviewed; (2) reviews must not contain: offensive, profanity or abusive, racist or hateful language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activities; (3) reviewers must not be affiliated with competitors if they post negative reviews; (4) reviewers must not draw any conclusions as to the legality of the conduct; and (5) reviewers may not post false statements or organize a campaign to encourage others to post reviews, whether positive or negative. Reviews are not endorsed by Foodring and do not represent the views of Foodring or any affiliate or partner of Foodring. Foodring assumes no responsibility for any examination or for any claims, liabilities or losses resulting from any examination. Any reviews you post will be considered User Content (as defined below).
• Market Risk: Foodring is not affiliated with or endorsed by any Vendor, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Foodring is not a party or involved in any transaction between Customers and Sellers, and does not act as a Customer, Seller (or affiliate for a Customer or Seller) or broker in respect of any transactions. There are risks you assume when dealing with other users (including those who may be acting under false pretenses) and all such risks are yours, not Foodring's. We encourage you to use the various features of the Service (for example, Seller profiles, meal options, and user reviews) to help evaluate the user you are dealing with.
• Sellers as Independent Contractors/Independent Contractors: Users of the Service acting in a Seller capacity do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of Foodring. As a Seller, you acknowledge that: (i) you are an independent business owner and not an employee of Foodring; (ii) you will be solely responsible for determining the means and manner of work performed to create the goods you sell on the Marketplace; (iii) these Terms of Use do not create any association, joint venture, partnership, franchise, or employer/employee relationship between you and Foodring, or between you and a Customer; (iv) you will not represent yourself as an employee or agent of Foodring to a Customer; (v) you will not be entitled to any benefits that Foodring may make available to its employees, such as vacation pay, sick leave and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible for recovery of contributors' compensation benefits in the event of injury.
• Foodring does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. Accordingly, Foodring does not warrant or endorse the legality, authenticity, quality or safety of Meals offered or sold, the truthfulness or accuracy of any listings, or the ability of Sellers to sell Meals or Customers to buy Meals. We cannot guarantee that all transactions will be completed. In addition, Foodring does not guarantee the ability or intention of users to perform their obligations in transactions. Foodring reserves the right to delay the completion of any transaction for a reasonable period of time for the purposes of fraud detection and to protect Foodring and its users against illegal or unlawful activity or other violations of these Terms of Use.
• Downloading or using the Software is at your own risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including with respect to online conduct and acceptable content.
• Commercial Use: Except as expressly permitted herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or download for any commercial purpose, any portion of the Service, use of the Service, or access to the Service.
Purchase and sale transactions
• Fees: Registration for the Service is free; however, Foodring charges certain fees for various transactions conducted through the Service, as set forth in the Fees Policy located at https://foodring.com/fee-policy (the “Fees Policy”). Unless otherwise stated, all fees are quoted in Canadian dollars.
• Tax; Shipping cost; Customer Responsibility: Meals purchased and delivered to customers in locations in Canada are subject to various applicable federal and provincial taxes. The amount of taxes is based on a number of factors, including, but not limited to, the customer's designated shipping address and/or the seller's location.
• Customers are responsible for paying a Seller the applicable purchase price for a Meal purchased, plus any delivery charges and paying applicable taxes associated with the purchase and sale of any Meal through the Service. Delivery charges and Taxes attributable to the sale of any Meals are not included in the price quoted for Meals listed by Sellers through the Service, but will be displayed to Customers prior to confirmation of any purchase.
• Sellers are responsible for payment of Foodring's commission set forth in the Fee Policy as well as their own taxes imposed or measured by such Seller's net income, net profits, revenue, profit and/or revenue associated with the sale of any meals through the Service.
• Packaging: Vendors may choose to purchase packaging materials and/or labels from Foodring for the delivery of prepared meals to customers. In the event of a purchase, Foodring may charge your credit card or other acceptable payment method provided by you.
• Payments; Subscriptions: Customers may pay for Items by credit card or other payment methods determined by Foodring from time to time. Vendors will be asked to provide us with bank details so that we can facilitate the transfer of payments received from customers purchasing meals. If you submit your payment information through the Service, you authorize Foodring to store that payment information and to charge your payment method for any Item you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
• If you purchase meals on a recurring or subscription basis, you hereby authorize Foodring to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or suspend this order or terminate your account, and you further agree to pay all charges thereby incurred. If you dispute any charges, you must notify Foodring within fourteen (14) days of the date Foodring billed you.
• Changes to fees: We reserve the right to modify or discontinue, temporarily or permanently, all or part of the fees for the Service. Any changes will be effective upon posting of a revised fee policy, unless a different notice period is required by law. Your continued use of the Service after the fee change takes effect constitutes your agreement to pay the changed amount.
• Promotions; Credits: Foodring may from time to time offer Users certain promotions, incentives or credits ("Promotions") for the purchase of Meals and/or fees associated with the use of the platform, and Users may use such Promotions in accordance on their terms. The application of the promotion will be reflected at checkout and on the purchase receipt. Promotions are personal to the user to whom they are sent and may not be shared or traded with anyone except as explicitly permitted by the terms of that promotion. Sellers may also offer promotions to their customers through the Platform and are solely responsible for all costs associated with redeeming such promotion.
• Identity verification; Other Security Checks. In some locations, the sale and delivery of alcohol may be permitted through the Market. In these jurisdictions, the seller must hold a valid liquor license that permits the sale of liquor for delivery and it is the responsibility of that seller and any delivery provider it uses to verify the identity and age, and to determine if it is otherwise safe and appropriate to supply their Customers with alcohol. They may require a valid photo ID with date of birth and a signed receipt confirming acceptance at the time of pickup or delivery. If it cannot verify a Customer's age or identity, if a Customer appears to be drunk, or if the situation is otherwise dangerous or inappropriate (for example, the Customer is 25 years old but appears to be in the company of a person under the age of 18), he may refuse to supply alcohol to the Customer. Alcohol cannot be left unattended (contactless delivery is not available for alcohol orders) - someone 18 or older must be present to accept and sign. If we believe that your order is fraudulent or illegal, we may suspend your use of the Platform.
Intellectual property rights
• Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or functionality ("Service Content") that is protected by copyrights, patents, trademarks, trade secrets or trademarks. other property rights and laws. Except as expressly authorized by Foodring, you agree not to modify, copy, frame, scrape, rent, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. The foregoing does not apply to Your Own User Content (as defined below) that You lawfully upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If Foodring prevents you from accessing the Service (including by blocking your IP address), you agree not to take any action to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically permitted herein is strictly prohibited. The technology and software underlying or distributed in connection with the Service is the property of Foodring, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work from, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved by Foodring.
• The Foodring name and logos are trademarks and service marks of Foodring (collectively the "Foodring Trademarks"). Other Foodring, product and service names and logos used and displayed through the Service may be the trademarks or service marks of their respective owners who may or may not endorse or be affiliated or related to Foodring. Nothing in these Terms of Service or the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Foodring Trademarks displayed on the Service, without our written permission. prior in each case. Any goodwill generated by the use of Foodring's trademarks shall inure to our exclusive benefit.
• Third Party Materials: Under no circumstances will Foodring be liable in any way for the content or materials of third parties (including users), including, but not limited to, any errors or omissions in any content , or for any loss or damage of any kind arising from the use of such content. You acknowledge that Foodring does not pre-screen Content, but that Foodring and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content available through the Service. Without limiting the foregoing, Foodring and its designees shall have the right to remove any content that violates these Terms of Use or that is determined by Foodring, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and assume all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
• User Content Transmitted Through the Service: With respect to content or other material that you upload through the Service or share with other users or recipients (collectively, “User Content”) , you represent and warrant that you own all right, title and interest in and to such User Content, including without limitation all copyright and publicity rights contained therein. By uploading any User Content, you grant and will grant Foodring and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, download, perform, distribute , store, modify and otherwise use your User Content in connection with the operation of the Service or its promotion, advertising or marketing, in any form, medium or technology now known or later developed.
• You acknowledge and agree that any questions, comments, suggestions, ideas, comments or other information about the Service ("Submissions"), which you provide to Foodring, are non-confidential and non-proprietary, and that Foodring shall have the right to use without restriction and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
• You acknowledge and agree that Foodring may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Foodring, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• Copyright Claims: Foodring respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you must notify Foodring of your complaint of infringement pursuant to the procedure described below.
• Foodring will process and investigate notices of alleged infringement and take appropriate action under Canada's Intellectual Property Laws. Notification of claimed copyright infringement should be emailed to Foodring's Copyright Agent at legal@Foodring.com . You can also contact us by email at:
• Food Ring Inc. 384 rue des Mélèzes, Val-Morin, QC, J0T 2R0
• Counter-Notice: If you believe that your User Content that has been removed (or access to which has been disabled) does not infringe, or you have permission from the copyright owner, agent of the copyright owner, or as permitted by law, to download and use the content of your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of content that has been removed or access to which has been disabled and where the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal Court, and a statement that you will accept service of process from the person who provided the notice of infringement alleged. If a counter-notification is received by the Copyright Agent, Foodring will send a copy of the counter-notification to the original complaining party advising it that it may replace the removed content or cease disabling it within 10 working days. Unless the copyright owner takes legal action against the content provider, member, or user, removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.
• Repeat Infringer Policy: Pursuant to Federal Intellectual Property Laws and other applicable laws, Foodring has adopted a policy of terminating, in appropriate circumstances and at Foodring's sole discretion, users who are determined to be repeat infringers. . Foodring may also, in its sole discretion, limit access to the Service and/or terminate memberships of any user who infringes the intellectual property rights of others, whether or not there is a recurrence.
Third Party Websites
• The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Foodring has no control over such sites and resources and Foodring is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Foodring shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, event, good or service available on or through such sites or resources. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Foodring is not liable for any loss or claim you may have against such third party.
• Social networks; Other Third Parties: From time to time, we may allow you to register for the Service using Third Party Services and otherwise allow various Third Party Services (eg, delivery if permitted) to be directly integrated into your Foodring experience. By integrating these services directly into the Service, we make your online experiences richer, easier and more personalized. To take advantage of these features, we may require you to register or log in to these services on the websites of their respective providers. By activating third-party services within the Service, you authorize us to pass your login information to those service providers for this purpose. For more information about the implications of enabling these third-party services and Foodring's use, storage and disclosure of information about you and your use of these services within the Service (including your lists friends, etc.), please see our Privacy Policy at https://www.foodring.com/privacy. However, please remember that how Third-Party Services use, store and disclose your information is governed solely by those third-parties' policies, and Foodring assumes no responsibility for the privacy practices or other actions of any Third-Party Site. or service that can be activated in the Service.
• Further, Foodring is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with the Third Party Services. As such, Foodring is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Service. Foodring enables these features only as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold harmless Foodring and its affiliates and their officers, employees, directors and agents (collectively, the "Indemnitees") from any loss, damage, expense, including reasonable attorneys' fees , rights, claims, actions of any kind, and injuries (including death) arising out of or related to your use of the Service, any User Content, your logging into the Service, your breach of these Terms of use of or your violation of another's rights. Notwithstanding the foregoing, you shall have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, loss, damage or expense incurred as a result of any action or inaction of such Indemnitee.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Foodring EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.Foodring MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability/p>
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Foodring SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF TRADE, LOSS OF USE , DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Foodring HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE RESULTING FROM: (I) THE USE OF OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Foodring'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID Foodring IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Termination
You agree that Foodring may suspend or terminate your account (or any part thereof) or use of the Service and remove and delete any content from the Service, for violation of the Terms of Service, for lack of use or if Foodring believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to the appropriate law enforcement authorities. Foodring may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without notice, and acknowledge and agree that Foodring may immediately deactivate or delete your account and all associated information and files in your account. and/or prohibit any further access to these files or to the Service. Further, you agree that Foodring shall not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and that Foodring shall have no liability in this regard. Foodring reserves the right, but has no obligation, to become involved in any way in disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Foodring and govern your use of the Service, superseding any prior agreements between you and Foodring regarding the Service. You may also be subject to additional terms and conditions that may apply when you use Affiliate or Third-Party Services, Third-Party Content, or Third-Party Software. These Terms of Use shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions. With respect to any dispute or claim not subject to arbitration, as set forth above, you and Foodring agree to submit to the personal and exclusive jurisdiction of the courts located in the judicial district of Gatineau, Province of Quebec. Foodring's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the intentions of the parties as reflected in the provision, and the other provisions of the these Terms. of service remain in full force and effect. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained. in printed form. You may not assign these Terms of Use without Foodring's prior written consent, but Foodring may assign or transfer these Terms of Use, in whole or in part, without restriction. Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notifications may be made to you by email or regular mail. The Service may also notify you about changes to these Terms of Service or other matters by posting notices or links to notices generally on the Service.
Private life
At Foodring, we respect the privacy of our users. For more details, please see our privacy policy at https://www.foodring.com/privacy. By using the Service, you consent to the collection and use of your personal data as set forth therein.Questions? Concerns? Suggestions?Please contact us at legal@foodring.com to report any violations of these Terms of Service or to ask questions regarding these Terms of Service or the Service.Date of last revision: 04 May 2022