Terms of Service

1. Acceptance of Terms

By using Food Delivery Canada, you represent that you are at least 18 years of age or have parental consent, and that you have the legal authority to enter into these Terms. You agree to comply with all applicable laws and regulations and these Terms in your use of the Service. We reserve the right to modify these Terms at any time, and such modifications shall be effective upon posting to the website. Your continued use of the Service following the posting of modified Terms will constitute your acceptance of the modified Terms.

If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms refer to both you as an individual and to any such entity.

2. Description of Service

Food Delivery Canada provides a platform that connects users ("Customers") with restaurants and food delivery partners ("Merchants" and "Delivery Partners"). The Service allows Customers to:

• Browse available restaurants and food items
• Place food delivery orders
• Track order status in real-time
• Make payments through our secure platform
• Rate and review restaurants and delivery experiences
• Access customer support services

Food Delivery Canada acts as an intermediary platform and does not directly prepare, cook, or deliver food. We are not responsible for the quality, safety, or legality of food items offered by Merchants, nor are we responsible for the conduct of Delivery Partners in transporting orders. Each Merchant and Delivery Partner is an independent contractor.

3. User Accounts and Registration

To use certain features of the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and password, and you agree to accept responsibility for all activities that occur under your account.

You agree to:

• Provide truthful and accurate information during registration
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access to your account
• Not share your account with others or allow others to use your credentials
• Not create multiple accounts for fraudulent purposes

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or engaged in fraudulent activity.

4. Ordering and Payment

When you place an order through Food Delivery Canada, you are making an offer to purchase the items specified in your order. Your order is subject to acceptance by the relevant Merchant. We reserve the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, violation of these Terms, or unavailability of items.

Payment terms and conditions:

• All prices are displayed in Canadian Dollars (CAD)
• Prices may include applicable taxes and service fees
• Delivery fees vary based on location and distance
• Payment must be completed before order confirmation
• We accept major credit cards, debit cards, and digital wallets
• All payment information is encrypted and processed securely

You authorize Food Delivery Canada and our payment processor to charge your selected payment method for the total order amount, including any applicable taxes and fees. You are responsible for all charges incurred on your account.

Refund Policy: Refunds for cancelled orders will be processed to your original payment method within 3-5 business days. If a Merchant is unable to fulfill your order, we will provide a full refund. If you refuse delivery or are not available at the delivery address, the order may not be eligible for refund.

5. Delivery and Order Fulfillment

Estimated delivery times provided are approximate and not guaranteed. Delays may occur due to factors beyond our control, including traffic, weather, restaurant preparation time, and order volume. We are not liable for late deliveries unless caused by our gross negligence.

Delivery address requirements:

• You must provide a valid, accessible delivery address
• The address must be within our service area
• You must be available or ensure someone is available to receive the delivery
• You are responsible for providing accurate access instructions if needed
• Delivery Partners are not responsible for orders left at the wrong location

If you are not available at the delivery address at the time of delivery, the Delivery Partner will attempt to contact you. If you cannot be reached, the order may be returned to the Merchant, and you may not receive a refund.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraud or misrepresentation in your account or orders
• Using the Service for illegal purposes or to facilitate illegal activities
• Harassing, threatening, or abusing Merchants or Delivery Partners
• Posting false, defamatory, or misleading reviews or ratings
• Attempting to manipulate prices or exploit system vulnerabilities
• Reverse engineering, hacking, or attempting to access unauthorized areas
• Uploading malware, viruses, or harmful code
• Scraping, crawling, or automated access to the Service
• Reselling or redistributing the Service without authorization
• Impersonating another user or entity
• Ordering food with no intention of accepting or paying for delivery
• Placing orders for fraudulent chargebacks or refunds

Violation of these provisions may result in immediate account termination and legal action.

7. User-Generated Content and Reviews

Food Delivery Canada allows users to submit reviews, ratings, photos, and other content ("User Content"). By submitting User Content, you grant Food Delivery Canada a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content.

You represent and warrant that:

• You own or have the right to submit the User Content
• The User Content does not violate any third-party rights
• The User Content is accurate and truthful
• The User Content does not contain defamatory, obscene, or illegal material

We reserve the right to remove any User Content that violates these Terms or applicable law. Fraudulent reviews, including those incentivized or paid for, are strictly prohibited and may result in account termination and legal action.

Food Delivery Canada is not responsible for User Content submitted by other users and does not endorse any reviews or ratings posted on the platform.

8. Intellectual Property Rights

All content on the Food Delivery Canada website and application, including but not limited to text, graphics, logos, images, software, and source code, is the property of Food Delivery Canada or its content suppliers and is protected by international copyright and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. You may not:

• Reproduce or distribute content without permission
• Modify or create derivative works
• Remove copyright or proprietary notices
• Use content for commercial purposes

Any unauthorized use of our intellectual property is a violation of these Terms and applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOOD DELIVERY CANADA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising from or relating to these Terms or the Service shall not exceed the amount paid by you in the 12 months preceding the claim.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We are not liable for:

• Food quality, safety, or allergen concerns (responsibility of Merchant)
• Late or failed deliveries (unless caused by our gross negligence)
• Conduct or performance of Merchants or Delivery Partners
• Service interruptions, bugs, or technical errors
• Loss or damage to items during delivery
• Third-party services or external links

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOOD DELIVERY CANADA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results will meet your expectations
• Food items will meet dietary or religious requirements

Your use of the Service is at your own risk. You are solely responsible for verifying that food items meet your dietary needs and preferences.

11. Indemnification

You agree to indemnify, defend, and hold harmless Food Delivery Canada, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content or submissions
• Your infringement of any third-party rights
• Claims by Merchants or Delivery Partners related to your orders

12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at privacy-policy.php to understand our practices regarding the collection and use of your personal information.

We collect and process personal data in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada. You have the right to access, correct, and delete your personal information as described in our Privacy Policy.

13. Cookies and Tracking Technologies

Food Delivery Canada uses cookies, web beacons, and similar tracking technologies to enhance your experience and analyze usage patterns. Please refer to our Cookie Policy at cookie-policy.php for detailed information about our use of cookies and your choices regarding them.

You can control cookie settings through your browser preferences, though some features of the Service may not function properly if cookies are disabled.

14. Third-Party Links and Content

The Service may contain links to third-party websites and services that are not operated by Food Delivery Canada. We are not responsible for the content, accuracy, or practices of these third-party sites. Your use of third-party links is at your own risk and subject to their terms of service and privacy policies.

We do not endorse any third-party products, services, or content, and we are not liable for any damages or losses resulting from your use of third-party links or services.

15. Termination of Service

Food Delivery Canada may suspend or terminate your account and access to the Service immediately, without notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraud or illegal activity
• Harassment or abuse of other users
• Payment disputes or chargebacks
• Posting false or defamatory content
• Repeated violation of our policies
• Non-use of the account for an extended period

Upon termination, your right to use the Service immediately ceases. You remain liable for any outstanding charges or obligations incurred before termination.

We may also discontinue or modify the Service or any features thereof at any time without notice or liability.

16. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court, except for claims of intellectual property infringement or injunctive relief.

Arbitration terms:

• Arbitration shall be conducted in Toronto, Ontario, Canada
• A single arbitrator shall be selected through the Canadian Arbitration Association
• Each party shall bear its own costs and attorneys' fees
• The arbitrator's decision shall be final and binding
• Arbitration shall be confidential

Before initiating arbitration, you agree to contact us to attempt to resolve the dispute informally. If informal resolution is unsuccessful, either party may proceed with arbitration.

17. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, except as provided in the Dispute Resolution section above.

18. Accessibility

Food Delivery Canada is committed to providing an accessible platform for all users. If you experience accessibility issues or need accommodations, please contact our support team at support@fooddeliverycanada.com or call +1-416-867-5309.

We are continuously working to improve accessibility and welcome feedback on how we can better serve users with disabilities.

19. Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Food Delivery Canada regarding the Service and supersede all prior agreements and understandings, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid.

20. Contact Information

If you have questions about these Terms of Service or need to report a violation, please contact us: