The following terms and conditions (these “Terms”) apply to customers’ (“customer”, “you” and “your”) purchase of products and services (each, a “Product”) from Zoe Ford Catering Inc. (“Zoe Ford”, the “Company”, “us” and “we”) through this website (this “Website”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These Terms must be read with the terms of any purchase order, quotation or invoice, and of any Product purchased by you. By using this Website, you are also subject to the terms of any such purchase order, quotation or invoice.
By clicking “I Agree”, you acknowledge that you have read, accepted and agreed to be bound by these Terms. These Terms are subject to modification by Zoe Ford at any time, in Zoe Ford’s sole discretion, without prior notice.
1. Zoe Ford Products
Zoe Ford prepares, presents and delivers meals. While customers enter into individual agreements with us directly, in some cases, Products may be delivered by a third party logistics company on our behalf.
2. Customer Obligations
To use Zoe Ford’s service, you must: (a) be at least 18 years old; (b) be able to physically receive orders at the address designated in the order process; (c) not offer in any manner, sub-license or re-sell Zoe Ford’s service, grant use of or access to the services to a third party, for any reason whatsoever without Zoe Ford’s prior written consent; (d) provide true, accurate, and valid information; (e) update your account in case of changes to your registered information; and (e) use reasonable efforts to keep your credentials confidential and inform us if you suspect or discover that your registration information has become known to someone else.
3. Registration
3.1 To place an order, you will need to register. You can register during the ordering process or independently thereof. You can register: (a) on the Website by submitting a complete application form; or (b) by contacting our support team by email.
3.2 Acceptance of the registration is at the Zoe Ford’s sole discretion. Upon acceptance of your application, your customer profile will be created.
3.3 You may not impersonate any person or entity or misrepresent identities or misleadingly enter affiliations with any person or entity. This includes using another person’s username, password, or other account information.
3.4 Zoe Ford may, at its sole discretion, terminate your contract, account and access to the Websites.
4. Order Process
4.1 You may place an order request by using Zoe Ford’s forms on the Website or via email with one of our team members. Each order request will specify the meals, the quantity of meals, the applicable price and the delivery information including time and location of desired delivery.
4.2 After placing an order, you will receive an email from us confirming receipt of your order. The confirmation will contain the delivery information, as applicable.
5. Meals
5.1 In placing your order, you may select from a range of options offered on the Website. Any photos used on the Website are exemplary and the actual appearance of meals may differ.
5.2 Meals may contain allergens. The Company is unable to accommodate allergies and/or meal preferences and/or modifications to its current menu items. For further information about allergens, please contact us.
5.3 You must be at least 18 years of age to order any alcoholic beverages. We reserve the right to deny the delivery of alcoholic beverages in the event that the recipient thereof cannot provide proof of legal age.
5.4 The Company uses a third party courier service for its delivery service. In the case of a your absence during the moment of delivery, all the delivery will be left on the front doorstep (given access) of the clients home, unless otherwise stipulated by the client in the delivery instructions on the website. The Company assumes no responsibility for any loss of meals that have been left on the above mentioned doorstep, for any reason what-so-ever.
6. Price, Payment and Invoicing
6.1 Prices for all meals and services available will be displayed on the Website.
6.2 All prices are displayed in Canadian Dollars and are subject to applicable federal and provincial taxes.
6.3 Zoe Ford collects all payments and invoices.
6.4 Zoe Ford will process your payment on the Website. You may select from the online payment options offered at the end of the order process. If you select the invoice payment method, you will receive an invoice within a maximum of seven days after the delivery of the catering service. Invoices must be paid within seven days from the invoicing date.
6.5 Credit card payments are processed by our partner Stripe Payments Canada, Ltd. To prevent and detect cases of fraud we transfer your IP address to our partner Stripe Payments Canada, Ltd. Stripe Payments Canada, Ltd stores your IP address. Any and all data are transmitted in encrypted form. If you wish that your IP address not be stored, you may request this at any time. Additional information on data protection at Stripe is available in Stripe’s Privacy Policy (https://stripe.com/ca/privacy).
6.6 We do not store credit card details nor do we share financial details with any third parties.
7. Cancellation and Refund
7.1 You may cancel an order in full without any charges if you do so before you receive a confirmation email. To cancel thereafter, you must notify us by email at zoefordmontreal@gmail.com.
7.2 Any payment you have made before the cancellation will be refunded using the same payment method you used to pay for the respective order within seven business days.
8. Limitation of Liability
8.1 To the extent permitted by law, the Website and all content, information, materials, products and individuals included or displayed on the Website are provided on an "as-is” and “as available” basis and without any guarantees, conditions or warranties of any kind, express or implied.
8.2 Under no circumstances will the Company, its affiliates or their respective directors, officers, employees, representatives, agents and advisors be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including but not limited to economic loss and business interruption, arising from any Product sold or provided on the Website or the use of the information or the results of the use of the information provided on the Website.
8.3 Under no circumstances will the Company or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services.
8.4 Subject to clause 8.5, should you incur any losses or damages arising from your agreement with Zoe Ford, from Zoe Ford’s noncompliance with these Terms or from your use or inability to use this Site, Zoe Ford’s aggregate liability will not exceed the price you paid for a product that is the subject of the claim. No oral or written communication or information provided the Company or its affiliates will create a warranty. Any reliance on such communication or information will be at the user’s own risk and peril.
8.5 Nothing in this agreement excludes or limits the liability for:
(a) Death, bodily or moral injury caused by Zoe Ford’s negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Defective products under the Consumer Protection Act (Québec); or
(d) Any other matter for which it would be illegal for Zoe Ford to exclude or attempt to exclude Zoe Ford liability.
9. Vouchers
We may limit and/or cancel the issue of any Zoe Ford vouchers that grant to holders thereof discounts on the Products. You may only use one voucher per order. Vouchers are not refundable in cash or other payment. If a voucher becomes invalid due to technical failures or any other reason beyond Zoe Ford’s control, we may cancel, suspend or modify such voucher. In the event of such invalidity, we reserve the right not to reissue the affected voucher. By redeeming the voucher, you agree to release Zoe Ford from any liability for any costs, claims, injuries, illnesses, losses, or damages of any kind caused by or linked to the promotion or advertising campaign or with the acceptance of any service (except death or personal injury).
10. Technical Information
You represent having the skills and means necessary to access and use this Website, and having checked that the computer configuration used is virus-free and in good working order. This Website is accessible twenty-four hours a day, seven days a week , to the exception of force majeure events, computer difficulties, difficulties linked to the structure of the communication networks or technical difficulties. For maintenance reasons, Zoe Ford may interrupt the site and will use commercially reasonable efforts to inform you beforehand.
11. Intellectual Property
11.1 The Website and its contents, including trademarks, artwork, images, video and audio data, text, logos and all its source code, are protected by copyright and other intellectual property rights and belong exclusively, or are otherwise licensed, to Zoe Ford. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the contents of the Website, even if it belongs to a third party, in any unauthorized way.
11.2 The Website may allow you to post reviews and comments ("Content”). By submitting or posting Content to the Website, you irrevocably authorize Zoe Ford to quote your full or shortened commentary on the Website and in any advertising or social media channels to which Zoe Ford contributes.
12. Links to Other Websites
The Website may refer or link to third-party websites. Zoe Ford has no control over these websites or the content within them. Zoe Fordcannot and does not guarantee, represent or warrant that the content contained in the third-party websites is accurate, legal, and/or inoffensive. By using the third-party websites to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of this third-party website to obtain search results or to link to another website.
13. Privacy
Zoe Ford takes your privacy seriously. Earning and maintaining your trust is important to us. We want you to understand what information we gather from you, how this information is used and protected, and what choices you have about how your information is used. This Privacy Policy and Agreement ("Privacy Policy") discloses the privacy practices of this Website. This Privacy Policy applies only to information collected by the Company online.
The Company may amend this Privacy Policy from time to time, and therefore encourage you to revisit this page periodically or when you notice new features on the Website.
The following are links to our Privacy Policy. We hope that reading our Privacy Policy gives you a clear idea of how we manage information we gather about you or from you. The terms of the Privacy Policy are incorporated into these Terms. You agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Company or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.
www.zoeford.com/privacy-policy
14. Personal information
We will only use your personal information in accordance with the Privacy Policy.
15. Entire Agreement
These Terms set forth the entire agreement of the parties with respect to its subject matter. You may not alter, supplement or amend these Terms by the use of any other documents. Any attempt to alter, supplement or amend these Terms or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void. These Terms may be modified at any time by Zoe Ford, in its sole discretion, without prior notice, with respect to any future sales or transactions with you.
16. Governing Law, Disputes and Language
These Terms and the subject matter of these Terms and all related matters will be governed by the laws of the Province of Québec and the laws of Canada applicable therein, excluding any conflict of laws rules. You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Québec in the judicial district of Montreal.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
17. Customer Support and Information
We aim to provide high quality standards, and it is important to us that we meet those standards. Please contact zoefordmontreal@gmail.com in case of any problem regarding your catering order, or if you have any questions or comments concerning our service.
18. Miscellaneous
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
19. Modifications applying to businesses (only) – NOT consumers
19.1 This section and its modifications to the Terms only apply if you are not a Consumer.
19.2 You acknowledge that in entering into an agreement with Zoe Ford, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out expressly in the Terms. Neither you nor Zoe Ford will have any claim for negligent misrepresentation based on any statement on the Website or in the Terms.
19.3 As addition to section 8 (Limitation of Liability), Zoe Ford will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with catering services ordered via the Website, or offline, or related actions for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.