The Self Serve Digital Dining app is the property of Triclinium Digital Inc. (the “Corporation”).
You agree not to attempt to gain unauthorized access to any portion or feature of the Platforms, or any other systems or networks connected to the Platforms or to any of the Corporation’s servers, or to any of the services offered on or through the Platforms, by hacking, password "mining" or any other illegitimate means.
You agree not to probe, scan, or test the vulnerability of the Platforms or any network connected to the Platforms, nor breach the security or authentication measures on the Platforms or any network connected to the Platforms. You agree not to reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platforms, including any account not associated with you, to its source, or exploit the Platforms or any service or information made available or offered by or through the Platforms, in any way for any purpose, including, but not limited to, revealing personal identification or information, other than your own information, as provided for by the Platforms.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platforms or the Corporation’s systems or networks, or any systems or networks connected to the Platforms or to the Corporation.
You agree that the Platforms and the Corporation may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, messages, push notification, phone, or otherwise through the contact information associated with your account.
With respect to pickup and delivery orders, the Vendor will retain title to the products that the Vendor provides through the Platforms until the products are picked up at the Vendor’s premises from the Vendor by a Contractor or a Customer. Title to the products shall pass to the Customer when the products are picked up at the Vendor’s premises by a Contractor or a Customer. The Vendor acknowledges and agrees that at no point will the Corporation or any Contractor hold title to or acquire any ownership interest in any products that the Vendor provides through the Platforms.
The Corporation represents and warrants to the Vendor as follows:
The Vendor represents and warrants to the Corporation as follows:
You agree not to use anyone else's identification, password, or account at any time without the express permission and consent of the holder of that identification, password, or account. You agree that the Corporation will not be liable for any loss or damage arising from your failure to comply with these obligations.
You agree that all content, including, but not limited to information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials, made available to the Platforms shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that the Platforms may expose you to content that may be objectionable or offensive. The Corporation shall not be responsible to you in any way for the content that appears on the Platforms, nor for any error or omission.
By using the Platforms, or any services provided thereby, you explicitly agree that you shall not:
THE CORPORATION DOES NOT PROMISE THAT THE PLATFORMS OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORMS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORMS WILL PROVIDE SPECIFIC RESULTS. THE PLATFORMS AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. IF YOUR MOBILE DEVICE OR COMPUTER DO NOT SUPPORT RELEVANT TECHNOLOGY INCLUDING ENCRYPTION, YOU MAY NOT BE ABLE TO USE CERTAIN SERVICES OR ACCESS CERTAIN INFORMATION ON THE PLATFORMS. ALL INFORMATION PROVIDED ON THE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE. THE CORPORATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORMS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CORPORATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORMS AND/OR ANY OF THE CORPORATION’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS AND ANY LINKED SITES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Corporation reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Platforms, or any portion of the Platforms, for any reason; (ii) to modify or change the Platforms, or any portion of the Platforms, and any applicable policies or terms; and (iii) to interrupt the operation of the Platforms, or any portion of the Platforms, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
EXCEPT WITH RESPECT TO DAMAGES ARISING FROM VIOLATIONS OF LAW OR WILFUL MISCONDUCT, UNPAID AMOUNTS OWED TO THE CORPORATION BY THE VENDOR IN EXCESS OF THE BELOW LIMIT, AND AMOUNTS PAYABLE TO THIRD PARTIES UNDER THIS SECTION 16, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (I) NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT, FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, HARM TO GOODWILL, OR THE COSTS FOR PROCURING REPLACEMENT SERVICES, WHETHER BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) EACH PARTY’S MAXIMUM AGGREGATE LIABILITIES RELATED TO OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY ONE PARTY TO THE OTHER PARTY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You agree to indemnify and hold the Corporation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, related parties, independent contractors, advertisers, partners, and co-branders harmless from any and all demands, loss, liability, claims or expenses (including legal fees on a solicitor-own client basis), made against the Corporation by any third party due to or arising out of or in connection with:
During the Term and for one year after, the Corporation and the Vendor will each maintain adequate insurance in amounts not less than as required by law or that is common practice in such party’s business. Upon request, the Corporation and the Vendor will each provide the other with current evidence of coverage. Such insurance shall not be cancelled or materially reduced without thirty (30) days prior written notice. In no event shall the limits of any insurance policy be considered as limiting the liability of a party under this Agreement.
You agree that the Corporation may disclose any information we have about you (including your identity) without notice or consent if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platforms, or to protect the Corporation’s rights or property, or the rights or property of visitors to or users of the Platforms, including the Corporation’s customers. The Corporation reserves the right at all times to disclose any information that the Corporation deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Corporation may disclose your information without notice or consent when the Corporation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that all matters relating to your access to or use of the Platforms, including all disputes, will be governed by the laws and courts of Alberta without regard to its conflicts of laws provisions, and you agree to waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees. In the event of any controversy or dispute between the Corporation and you arising out of or in connection with your use of the Platforms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
The Corporation administers and operates the Platforms from a location in Canada; other apps or websites owned of the Corporation may be administered and operated from various locations outside Canada. The Corporation reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Platforms is void where prohibited. If you choose to access the Platforms from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.