TERMS AND CONDITIONS

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Foodcombo's use of cookies in accordance with the terms of Foodcombo's privacy policy.


License to use website

Unless otherwise stated, Foodcombo and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Foodcombo’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Foodcombo’s express written consent.


Restricted access

Access to certain areas of this website is restricted.  Foodcombo reserves the right to restrict access to areas of this website, or indeed this entire website, at Foodcombo’s discretion.

If Foodcombo provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Foodcombo may disable your user ID and password in Foodcombo’s sole discretion without notice or explanation.


User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Foodcombo or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Foodcombo reserves the right to edit or remove any material submitted to this website, or stored on Foodcombo’s servers, or hosted or published upon this website.

Notwithstanding Foodcombo’s  rights under these terms and conditions in relation to user content, Foodcombo does not undertake to monitor the submission of such content to, or the publication of such content on, this website.


No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Foodcombo makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Foodcombo does not warrant that:

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any medical or nutritional matter you should consult an appropriate professional.


Limitations of liability

Foodcombo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

These limitations of liability apply even if Foodcombo has been expressly advised of the potential loss.


Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Foodcombo’s liability in respect of any:

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.


Other parties

You accept that, as a limited liability entity, Foodcombo has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Foodcombo’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Foodcombo’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Foodcombo.


Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


Indemnity

You hereby indemnify Foodcombo and undertake to keep Foodcombo indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Foodcombo to a third party in settlement of a claim or dispute on the advice of Foodcombo’s legal advisers) incurred or suffered by Foodcombo arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.


Breaches of these terms and conditions

Without prejudice to Foodcombo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Foodcombo may take such action as Foodcombo deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


Variation

Foodcombo may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.


Assignment

Foodcombo may transfer, sub-contract or otherwise deal with Foodcombo’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 


Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


Entire agreement

These terms and conditions, together with the Privacy Policy constitute the entire agreement between you and Foodcombo in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian Laws, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Quebec, Canada.


Subscriptions - Payment and Renewal

foodcombo uses Chargebee (Chargebee.com) to manage customer accounts. If you create an account on their customer portal or website, you are subject to their terms of service and privacy policies.


General Terms.

By selecting a product or service, you agree to pay foodcombo the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.


Automatic Renewal.

Unless you notify foodcombo before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to foodcombo in writing.


Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.