These Terms of Use (the “Terms”) govern your use of our websites (the “Sites”), our mobile applications (the “Apps”), as well as any digital services offered or made available through the Sites or the Apps, including without limitation, the online ordering platform and any related features (collectively with the Sites and the Apps, the “Services”).
The Services are owned and operated by Groupe Abbatiello inc., which represents the related entities Pizza Salvatoré, L’Œufrier, Jack le Coq, Crèmerie Chez Mamie, Topla!, and Shaker (hereinafter collectively the “Group,” individually the “Members” of the Group).
Please read these Terms carefully.
Scope of the Terms
These Terms form a binding legal agreement between you and the Group.
By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be fully bound by them. You also represent that you have reached the age of majority under applicable laws to enter into this contract with the Group.
You must not use the Services if you do not accept these Terms or if you are not of the required age.
Intellectual Property
All rights, titles, and interests relating to the Services and their content, including without limitation, text, photographs, illustrations, graphics, icons, interfaces, videos, sounds (regardless of medium), information, databases, and software, are owned exclusively by the Group. All trademarks, logos, trade names, and other designations belong exclusively to the Group.
You are strictly prohibited, in any manner whatsoever, from harming or damaging, directly or indirectly, the Group’s image, goodwill, or reputation.
You are also prohibited, without the Group’s written authorisation, from adopting, using, registering, or attempting to register any trademark, logo, trade name, or other designation that is identical or similar to those of the Group or that is likely to create confusion with them.
Permitted Uses
You may access and use the Services solely for personal, legitimate purposes and in accordance with what is explicitly provided for in these Terms.
Prohibited Uses
Any use that does not comply with, or is contrary to, the Permitted Uses described above in these Terms is strictly prohibited, including, without limitation, any use for commercial, unlawful, or fraudulent purposes.
In addition to the foregoing, you are strictly prohibited from:
- copying, reproducing, modifying, translating, adapting, or republishing all or any part of the content of the Services;
- using the Services in any manner contrary to these Terms or to any law, rule, directive, regulation, agreement, or contractual undertaking;
- selling, renting, reproducing, lending, publishing, sublicensing, assigning, distributing, transmitting, duplicating, or publicly displaying the Services, or any part thereof, to third parties;
- using the Services with the intent to disseminate or introduce viruses, worms, Trojan horses, malware, defects, or any other harmful or destructive element;
- accessing, attempting to access, collecting, retaining, storing, or exploiting data or personal information of other users — which is not initially accessible to everyone — through the Services without the explicit consent of those users;
- disclosing, sharing, or transmitting your password or any other information that allows access to the Services to third parties;
- soliciting login information or passwords from other users, or impersonating them in the Services;
- creating, compiling, reproducing, or exploiting databases from the Services or their content;
- browsing, using robots, “spiders,” or any other automated process, scraping, compiling, or storing information obtained from the Services or their content;
- altering, hindering, impairing, diminishing, or disrupting, in any way whatsoever, access to the Services and their functionalities.
Disclaimer of Warranties
THE SERVICES, THEIR CONTENT, AND THEIR FUNCTIONALITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WE DO NOT WARRANT AT ANY TIME THE ACCURACY, COMPLETENESS, OR INTEGRITY OF THE SERVICES OR THEIR CONTENT, INCLUDING THE INFORMATION CONTAINED THEREIN, NOR THEIR PROPER FUNCTIONING.
WE DO NOT WARRANT EITHER THAT THE DESCRIPTION OF PRODUCTS OR ANY OTHER INFORMATION IS COMPLETE, ACCURATE, RELIABLE, OR FREE FROM ERROR.
WE CANNOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF THE SERVICES, AND WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS PUBLISHED ON OR RELATED TO THE SERVICES.
WE ALSO PROVIDE NO WARRANTY AND ASSUME NO LIABILITY WITH RESPECT TO ANY GENERATED CONTENT OR ANY DECISION MADE BY YOU IN RELATION TO THE USE OF THE SERVICES.
Limitation of Liability
THE GROUP, ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES, THEIR CONTENT, OR THEIR FUNCTIONALITIES.
YOUR SOLE REMEDY IN RESPECT OF THIS SECTION SHALL BE TO IMMEDIATELY CEASE USING THE SERVICES.
Collection of Personal Information
The collection, use, and disclosure of your personal information through the Services are governed by the Group’s Privacy Policy.
By using our Services, you agree and consent to your personal information being shared and used across all subsidiaries owned by the Group, including without limitation, for cross-advertising purposes.
Hyperlinks
You are authorised to create hyperlinks to any of our Services, provided that such links are established in a lawful and fair manner and in accordance with these Terms, without deriving any undue benefit from them.
You are strictly prohibited from creating a link that implies, directly or indirectly, that there is an association or partnership between you and the Group.
Links to Third-Party Websites
The Services may include hyperlinks or references to third-party websites. These Terms do not apply to hyperlinks or references to third-party websites that may be accessible via the Services, which have their own terms of use.
Indemnification
You undertake to defend, hold harmless, and indemnify the Group, its directors, officers, employees, agents, and other representatives from and against any loss, claim, demand, damage, injury, liability, fine, penalty, or expense, or any action or cause of action brought by a third party, arising out of or resulting directly or indirectly from your access to the Services, your use of the Services, or any breach by you of these Terms.
General
These Terms, together with the Group’s Privacy Policy, constitute the entire agreement between you and the Group regarding the Services, and supersede and replace any prior agreements or understandings, whether oral or written.
If any provision of these Terms is deemed invalid, unenforceable, or inapplicable, the remaining provisions of these Terms shall remain in full force and effect.
The Group’s failure to exercise any right or provision shall not constitute a waiver of such right or provision. To be effective, any waiver of a right or provision must be in writing and signed by a duly authorised representative of the Group. Similarly, the Group’s exercise of any remedy under these Terms is without prejudice to any other remedies to which it may be entitled.
You may not assign, grant, or transfer the rights and obligations arising under these Terms.
Notices to the Group must be sent to the email address provided in Section 14 of these Terms.
Jurisdiction
These Terms are governed by and construed in accordance with the laws in force in the Province of Quebec and the applicable laws of Canada. Any dispute relating to these Terms shall be submitted exclusively to the competent courts of the judicial district of Quebec, in the Province of Quebec. You waive any objection based on the grounds that this venue is inconvenient or inappropriate.
Modifications
These Terms may be modified, in whole or in part, at any time, at the Group’s sole and absolute discretion. Modifications to the Terms will take effect on the date of their publication and will apply to the Services from that time forward.
Contact Us
For any questions or information, you may contact the Group by email at the following address: [email protected].