Welcome to FoodAffair.ca. This Website is owned and operated by GP FoodAffair Inc, (hereafter "FoodAffair", "we," "us," "our" "Website").
“User” “you” or “your” means a user or viewer of our Website.
"Caterer" or "vendor" means an organization providing catering or food services that is featured and registered on our Website.
By accessing the Website at https://www.foodaffair.ca, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
- Our Website contains content and licensed materials including but not limited to text, graphics, images, information, and design. The Website may contain content or features that are protected copyright, patent, trademark, trade secret or other proprietary rights and laws. The content and materials of this Website are the exclusive property of FoodAffair.
- Permission is granted to view pages from our Website, https://www.foodaffair.ca
- Permission is granted to temporarily download one copy of the materials (information or software) on FoodAffair's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- republish content or material from our Website with the only exception being social media platforms such as Facebook, Instragram, and Twitter where you may publish extracts to promote the use of our Website
- attempt to decompile or reverse engineer any software contained on FoodAffair's Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by FoodAffair at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use on Behalf of Organization
- In using our Website and service you agree you shall not:
- Use our Website in any way:
- that is unlawful, torturous, criminal, fraudulent, gives rise to civil liability, violates any law, or is otherwise objectionable or is in connection with such activities;
- to upload, post, email, publish, transmit, or otherwise make available on the Website any material that contains software viruses, spyware, trojan horse, keystroke logging, or other malicious computer software, code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or data of the Website or that of any users or viewers of the Website or that compromises a user's privacy.
- to conduct any data mining or data harvesting or data extraction activities through the use of robots, or similar data-gathering and extraction tools
- You agree to provide truthful, accurate, current and complete information whenever providing information to us and throughout the use of the Website and to update such information to keep it truthful, accurate, current and complete.
- The materials on FoodAffair's Website are provided on an 'as is' basis. FoodAffair makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, FoodAffair does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any Websites linked to this Website.
- In no event shall FoodAffair or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on FoodAffair's Website, even if FoodAffair or a FoodAffair authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- The materials appearing on FoodAffair Website could include technical, typographical, or photographic errors. FoodAffair does not warrant that any of the materials on its Website are accurate, complete or current.
- FoodAffair reserves the right at any time and from time to time to:
- change, remove or discontinue (temporarily or permanently) the Website or its materials (or any part thereof) without notice to you and you confirm that FoodAffair shall not be liable to you for such change, removal or discontinuance;
- change, remove or discontinue any content or any services advertised on the Website at any time without notice and you confirm that FoodAffair shall not be liable for any such change, removal or discontinuance; and
- modify this agreement at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such changes and your consent to continue to be bound by such changes. It is your responsibility to regularly review this agreement.
- FoodAffair, at its sole and absolute discretion, cancel or terminate your right to use the Website (or any part thereof) at any time, without notice or liability to you or any other person.
- FoodAffair has not reviewed all of the Websites linked to its Website and is not responsible for the contents of any such linked Website. The inclusion of any link does not imply endorsement by FoodAffair of the Website. Use of any such linked Website is at the user's own risk.
Function of FoodAffair
- FoodAffair may revise these terms of service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.
Making a Booking
- FoodAffair operates as a venue where:
- Food caterers and vendors can create listings and display their respective services
- Users who visit and utilize the Website can learn about different Caterers' listings, inquire about their services, and reach an agreement with the Caterers
- FoodAffair is not directly involved in or otherwise a party to any agreement or transaction, that may take place between you and Caterers, for catering or other services booked through our Website. Recourse for any dissatisfaction lies between you and the Caterer.
- You affirm that:
- While we may conduct limited verification of Caterers who make listings with us, we do not carry out any background checks. We are not able to wholly confirm caterers' identities or verify the accuracy or quality of the products and services they offer
- We have no control over the quality, safety, morality or legality of any aspect of the caterings services or products provided by any caterers, neither the duties or actions of caterers. We make no representation, warranties, or guarantees regarding any content or information provided by the caterers on their listing or any claims made by Caterers about the products or services they offer or the suitability of any catering services or the ability of Caterers to provide their services or any content, images, copy, or descriptions provided by a caterer through the Website.
- We are not party to any agreement, contract, or transaction for the execution of services obtained through the Website. As such we are not liable to any person regarding the execution of services obtained through the Website. We are not responsible for the enforcement of any obligations arising out of an agreement or contract between you and any caterers, and we will have no obligation to mediate between the parties to any such contract or any arisen disputes.
Changing or Cancelling a Booking
- When executing a booking for catering services you will have to provide necessary personal details and payment information in the form of credit card, debit card, or wire transfer details to perform the booking
- The payment made by the User for their respective booking will be taken by us and transferred the caterer you hire following the deduction of our service fees
- FoodAffair exhibits the services provided by respective and any services booked are booked with the caterer. The agreement is between the user and the caterer, FoodAffair is not a party to the agreement. As such:
- Any requests, requirements, or queries when booking any services must be communicated to the caterer. It is your responsibility to keep documentation and record of the terms of your agreement with the caterer.
- Any grievance or criticism of services being provided to you by a caterer during an event must be voiced directly to the caterer immediately to give them the ability to rectify and redress your concerns. Not being forthright and prompt with your concerns may alter your claims under your agreement with the caterer and affect your ability to collect compensation.
Your Content: License
- You accept and agree to the following cancellation policy, as well as, any further terms and conditions stipulated by your Caterer, when making a booking through our Website.
- The applicable cancellation policy for your booking is determined by when you make your cancellation and how close that date is to your booking's event date. The cancellation policy is as follows:
- Cancelling your booking more than 3 months before the event date results in you receiving a 100% refund.
- Cancelling your booking more than 4 weeks before the event date results in you receiving a 75% refund.
- Cancelling your booking more than 2 weeks before the event date results in you receiving a 50% refund.
- Cancelling your booking more than 1 week before the event date results in you receiving a 25% refund.
- Cancelling your booking less than 1 week before the event date results in you receiving no refund.
- If you require changes or a cancellation for your booking, contact us at the earliest possible time at email@example.com to convey your revised circumstances.
- Changes to your booking may, in some instances, be regarded as a cancellation of your booking if changes are drastic enough. Your requested changes will be discussed with your selected caterer(s) and we will verify to you if the changes warrant a cancellation of your initial booking.
Your Content: Rules
- In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
- You grant to us a worldwide, irrevocable, royalty-free license to use, reproduce, store, adapt, modify, publish, display, translate, sell, distribute and otherwise use your content in any format or media in relation to this Website and/or any successor Website. You grant to us the right to sub-license the rights licensed.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.
Links to Other Websites
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law)
- Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- Be libelous or maliciously false;
- Be obscene or indecent;
- Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- Infringe any right of confidence, right of privacy or right under data protection legislation;
- Constitute negligent advice or contain any negligent statement;
- Constitute an incitement to commit a crime or the promotion of a criminal activity;
- Be untrue, false, inaccurate or misleading
Limitations of Liability
- The Website, for your convenience, may from time to time contain links to third party Websites that are not affiliated with FoodAffair. FoodAffair does not endorse the content contained in any third party Website. FoodAffair is not obligated to review such third party Websites, does not control such third party Websites and is not responsible nor liable for any such third party Websites. We do not make any representation, warranty or condition, express, implied or statutory of any kind, regarding any third party Website.
- The Website, the content and the services are provided on an “AS IS” and “AS AVAILABLE” basis. FoodAffair does not make any representations, warranties or conditions expressed, implied or statutory as to the operation of the Website or the services, or the accuracy, completeness, quality, currency or timeliness of the Website, the content or the services or that communications to or from the Website will be secure and/or not intercepted or that the Website, the content or the services will be uninterrupted, free of error, viruses or any other harmful components. You agree to bear all risks associated with your use of the Website and the content and the services contained on the Website.
- In no event shall FoodAffair, or its partners, affiliates, representatives, employees or agents be liable whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for damages of any kind including, without limitations, direct, special, indirect, punitive, incidental or consequential damages, business losses, lost savings, lost data, loss of use, lost profits, personal injury, fees, penalties or other liabilities arising from or relating to your use, reliance upon or inability to use the Website, the content and/or the services.
- You agree, at your own expense, to indemnify and hold FoodAffair and its partners, employees, affiliates, representatives and agents harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a consequence of you posting, submitting, transmitting or otherwise making content available on the Website, your use of the Website or any alleged violation by you of this agreement.
- FoodAffair may, at its sole and absolute discretion, cancel or terminate your right to use the Website (or any part thereof) at any time, without notice or liability to you or any other person.
- The failure of FoodAffair to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
- In the event that any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect
- All matters relating to your access to or use of the Website or the content shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada.
- These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.