Terms & condition

 Table of Contents

  1. Acceptance of Agreement
  2. Changes/modification of the agreement
  3. General Terms
  4. Additional Terms and Policies
  5. GroceryHaat user accounts
  6. User Content
  7. Payment and Ordering Terms
  8. Intellectual Property Ownership
  9. Governing Laws and Dispute Resolution
  10. Social Media Guidelines
  11. Indemnification
  12. Disclaimer of Warranties
  13. Breach and Limitation of Liabilities
  14. Termination
  15. Contact Information
  16. Availability of Updates
  17. Disclaimers: content, allergy, dietary
  18. Services Disclaimer: virus, communication not confidential 

 

  1. Acceptance of agreement

    By using our Services, you accept the Terms and Conditions, and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions, you must not use or access our Services and exit our website immediately. You also warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with GroceryHaat (“Minimum Age”); and you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

    The Company uses a network of independent third-party contractors who provide delivery services to our users and food service providers.

  2.  Changes/modification of the agreement

    Our Services may change from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes you must cease using our Services. We recommend you review this Policy periodically. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.



  3. General Terms

    The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives.


    These terms and conditions constitute a legal agreement between you and GroceryHaat.

  1. Additional Terms and Policies

    Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.


    GroceryHaat may use services and content from Google Maps or Google Earth for tracking purposes (of the deliverers). By using GroceryHaat, you acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

  1. GroceryHaat User Accounts

    You may be required to register for an account to fully utilize the services of GroceryHaat. Information provided must be accurate, current and complete during the registration process and at all other times when you use the Services, and updated to keep it accurate, current, and complete. You are the sole authorized user and representative of any account you create through the Services, and are responsible for all activities performed through your account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Any suspicious activity on your account must be reported to GroceryHaat immediately. GroceryHaat will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by GroceryHaat or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. In case you provide any information that is untrue, inaccurate, not current, or incomplete, or GroceryHaat has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GroceryHaat has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by GroceryHaat, or if you have been previously banned from use of the Services.

  1. User Content

    GroceryHaat may provide you with interactive opportunities through the Services (collectively, “User Content”). By providing such content, you hereby grant GroceryHaat a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with GroceryHaat’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant GroceryHaat a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to GroceryHaat herein shall survive termination of the Services or your account. GroceryHaat reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that GroceryHaat may monitor and/or delete your User Content (but does not assume the obligation) for any reason in GroceryHaat’s sole discretion. GroceryHaat may also access, read, preserve, and disclose any information as GroceryHaat reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of GroceryHaat, its users and the public.

  1. Payment and Ordering Terms

    Goods prices listed on GroceryHaat are in Canadian dollars. Good prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price.


    Payment for Orders must be made with an accepted credit or debit card through GroceryHaat ("Card Orders") or in certain circumstances may be made by cash directly to the Vendor or courier ("Cash Orders"). If you choose a Cash Order, you must pay the Vendor or courier, as applicable and are liable for failure to do so.

    For Card Orders, you will be charged at the time of placing your Order. GroceryHaat uses the third party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

    For orders to be delivered in Edmonton, We charge a delivery fee of $9.99 if the total value of the order is below $50. For orders exceeding the amount, delivery is free. For orders to be delivered in rest of the province (Alberta), We charge a delivery fee of $14.99 if the total value of the order is below $100. For orders exceeding the amount, delivery is free.  Aforementioned charges are exclusive of taxes.

    Goods’ prices, delivery charges and any other fees are subject to change at any time at GroceryHaat’s or the Vendor’s discretion.

    Once a transaction has been completed, GroceryHaat is under no obligation to provide a refund. Partial refund however, may be offered if some of the ordered items are out of stock.

    All orders created through GroceryHaat cannot be altered by the Vendor.

    Customer cannot ask the vendor to do such changes directly.

    Any product outside the order created will not be shipped.

  1. Intellectual Property Ownership

    GroceryHaat alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by GroceryHaat. GroceryHaat name, GroceryHaat logo, and the product names associated with the Software and Services are trademarks of GroceryHaat or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.

  1. Governing Laws and Dispute Resolution

    These Terms of Service will be governed by the laws of the Province of Alberta to the extent of such access or use of the GroceryHaat Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the GroceryHaat Platform, the GroceryHaat Services or the Content, regardless of your domicile, residency or physical location. GroceryHaat and its subsequent services Content are intended for use only in jurisdictions where they may lawfully be offered for use.


    In case of any dispute or controversy between (1) you and (2) GroceryHaat or any members of GroceryHaat, including any dispute or controversy arising out of or relating to these Terms of Service, any interactions or transactions between (1) you and (2) GroceryHaat or any member, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.

    Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Alberta or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. GroceryHaat will pay the reasonable arbitration costs.

    Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of GroceryHaat.

    Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

 

  1. Social Media Guidelines

    You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.


    When you link a Social Network account to GroceryHaat or log into our Services using your Social Network account, we may collect relevant Personal Information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and GroceryHaat shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

    You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with GroceryHaat. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by GroceryHaat, and may be visible or accessible to the public.

 

  1. Indemnification

    In case of breach of these Terms of Service or any documents referenced herein, or violation of any law or the rights of a third party (including, without limitation, intellectual property rights), or breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission, You agree to defend, indemnify and hold harmless GroceryHaat, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees.

 

  1. Disclaimer of Warranties

    GroceryHaat and the services are provided "as is" without warranty or condition of any kind. To the fullest extent permitted by law, GroceryHaat disclaims all warranties, representations and conditions of any kind with respect to the content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the GroceryHaat services or the content are or will be error-free or will operate without interruption.

  1. Breach and Limitation of Liabilities

    To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of the GroceryHaat in connection with or under these terms of service, including in connection with your use of, or inability to make use of, GroceryHaat services, the GroceryHaat platform or the content exceed: (i) the fees paid by you in the preceding 4 months; or (ii) cdn $100.00 (one hundred canadian dollars), whichever is lower. For greater certainty, the existence of one or more claims under these terms of service will not increase the maximum liability amount.

 

  1. Termination

    If you violate this Agreement, GroceryHaat may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.


    In addition, at its sole discretion, GroceryHaat may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, GroceryHaat reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

  1. Contact Information

 

  1. Availability of Updates

    While we try to ensure that GroceryHaat is normally available twenty-four hours a day, we do not undertake any obligation to do so, and no members of GroceryHaat will be liable to you if the GroceryHaat Platform is unavailable at any time or for any period.


    GroceryHaat may upgrade or alter the Platform at any time. We may remotely access the Platform at any time for any lawful reason, in particular to update the software or to perform software maintenance.

 

  1. Disclaimers- Content, Allergies, Dietary

    While we try to ensure that information on the GroceryHaat is correct, we do not promise it is accurate or complete. We may make changes to the material on GroceryHaat including to Goods and prices described on it, at any time without notice. The material on GroceryHaat may be out of date, and we make no commitment to update that material.


    We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendors that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Vendor directly before ordering.

 

  1. Service Disclaimers- Viruses & Communications not Confidential

    The downloading and viewing of GroceryHaat or the Content is done at your own risk. GroceryHaat cannot and does not guarantee or warrant that the GroceryHaat Platform or the Content are compatible with your computer system or that the GroceryHaat Platform or the Content, or any links from the GroceryHaat Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of GroceryHaat.


    GroceryHaat does not guarantee the confidentiality of any communications made by you through the Platform. Although GroceryHaat generally adheres to the accepted industry practices in securing the transmission of data to, from and through the GroceryHaat Platform, you understand, agree and acknowledge that GroceryHaat cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the GroceryHaat Platform.