Terms Of Use

Please read these terms of use (referred to as “Terms of Use”) carefully. In addition to Flavor Savers’ privacy policy, which is incorporated into these Terms of Use, they create a legally binding agreement between you and Simply Remotes Sales Inc., operating as Flavor Savers (referred to as “Flavor Savers”, “we”, “us”, “our”), a company incorporated under the laws of Ontario, Canada and any application federal laws of Canada. These Terms of Use govern your use of:

• the Flavor Savers website — www.flavorsavers.ca and the Flavor Savers Platform (collectively referred to as “Platform”); and
• email communication with us and content that appears on the Platform and our social media channels (collectively referred to as “Content”).

These Terms of Use apply to individuals or legal entities who access, view and use the Platform or Content, including individuals or entities who:

• download or use the Platform to purchase food, beverages or other goods (collectively referred to as “Goods”) through the Platform;
• download or use the Platform to sell Goods through the Platform; and
• view the Platform or Content.

You acknowledge and agree that the Platform is made available to facilitate the ordering of Goods provided by third party vendors that are separate legal entities from Flavor Savers. Flavor Savers is not a vendor of Goods and is not responsible for fulfilling orders of Goods made to third parties. You acknowledge and agree that the Platform facilitates transactions in certain jurisdictions only.

By accessing, viewing, and/or using the Platform or Content, you voluntarily agree to these Terms of Use. If you do not agree, please do not use the Platform or Content.

You must be at least 18 years old to agree to these Terms of Use. If you are under 18 years old, please do not use the Platform or Content.

Flavor Savers makes no offer or solicitation to buy or sell any product or serve to anyone in any jurisdiction in which such solicitation may be prohibited by law.

If you are using the Platform or Content on behalf of another person or entity, you represent and warrant that you are authorized to bind that person or entity to these Terms of Use.

Flavor Savers is the owner of the Platform and Content, except as expressly noted otherwise where applicable. We reserve the right to change the information in the Platform or Content at any time. If changes are made, we will post the latest version of these Terms of Use on the Platform. We may also email you a notice of the change using the email address you provide us. Your continued use of the Platform or Content affirms your acceptance of the most current version of these Terms of Use.

1.1 The Platform facilitates the purchasing of Goods sold by restaurants, cafés, bakeries, and other suppliers (collectively referred to as “Vendors”) to consumers (i.e., end users) (referred to as “Customers”). Both Vendors and Customers are considered “Users” of the Platform and are subject to these Terms of Use.

2.1 The Platform may use services or content from Google Play, Google Maps, or Google Earth. You acknowledge and agree that you are bound by the Google Play Terms of Service, Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. For clarity, Google is not a party to these Terms of Use and has no obligations regarding Flavor Saver’s Platform or Content. These Terms of Use are entered into between you and Flavor Savers. However, your use of Google Play and/or Google Maps/Google Earth through the Platform binds you to the terms and conditions of Google. If you do not agree with the terms and conditions of Google, please do not use Flavor Savers’ Platform or Content.

2.2 The Platform may use services or content from Stripe for processing payments made through the Platform. You acknowledge and agree that you are bound by the Stripe Services Agreement – Canada. For clarity, Stripe is not a party to these Terms of Use and has no obligations regarding Flavor Saver’s Platform or Content. These Terms of Use are entered into between you and Flavor Savers. However, your use of Stripe through the Platform binds you to the terms and conditions of Stripe. If you do not agree with the terms and conditions of Stripe, please do not use Flavor Savers’ Platform or Content.

3.1 You may access or view certain parts of the Platform without creating a user account (referred to as “User Account”). In order to use the Platform to sell Goods, you must create a “Vendor User Account”. In order to use the Platform to purchase Goods, you must create a “Customer User Account”.

3.2 There is no cost to access, view, or download the Platform, to create a User Account, or to use the Platform with a Customer User Account. To use the Platform with a Vendor User Account, you must enter into a formal service agreement with Flavor Savers and agree to applicable costs.

3.3 Your User Account must contain information that is accurate, current, and complete.

3.4 You are responsible for safeguarding the security of your User Account. You must notify Flavor Savers immediately if you become aware of any security breach or unauthorized use of your User Account. Flavor Savers will not be liable for any loss or damage you incur from your failure to safeguard the security of your User Account.

3.5 Flavor Savers reserves the right at any time, in our sole discretion, to deny your request to create a User Account, to use certain words in your User Account name, and to disable or terminate your access to your User Account.

4.1 The price of Goods is listed in the Platform in Canadian dollars. Applicable taxes may be added at checkout.

4.2 The price of Goods may be changed at any time at the discretion of the Vendor. Flavor Savers is not responsible for setting or changing the price of Goods.

5.1 Once you have created your Customer User Account you may place an order through the Platform by adding Goods to your cart and following the checkout steps. You may review and edit your cart before confirming that you want to proceed to checkout. You will be prompted to enter your credit card information.

5.2 The Customer is responsible for ensuring that they enter information that is current, complete and accurate.

5.3 The Customer’s credit card will be charged when the order is placed. Once an order is placed, it cannot be changed through the Platform. If a Customer wants to change their order, they should address that directly with the Vendor. The Vendor may change the order at the Vendor’s discretion.

5.4 The Customer’s order will be sent to the Vendor. The Platform will confirm the order with the Vendor. Both the Customer and Vendor will be notified with a confirmation number.

5.5 Customer purchases through the Platform are made by credit card payable to Flavor Savers. By making a purchase, the Customer allows Flavor Savers to charge the Customer’s credit card for the amount owed at the time of placing the order.

5.6 By purchasing Goods through the Platform, the Customer authorizes Flavor Savers to collect credit card information and contact information and share it with Stripe, the third party used by Flavor Savers to process payments. This third party is not owned or controlled by Flavor Savers. You acknowledge and agree that Flavor Savers is not responsible for the use or misuse of your information by any third party.

5.7 The Vendor may change the availability of Goods and/or to replace any Goods displayed in the Platform at any time for any reason. It is the Vendor’s sole responsibility to rectify this directly with the Customer.

6.1 All purchases made through the Platform are final. Flavor Savers does not issue refunds.

7.1 The Customer is responsible for obtaining their purchased Goods directly from the Vendor. The Goods must be picked up in person.

8.1 If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the jurisdiction in which the alcohol is purchased and consumed. You acknowledge and agree that the Vendor may require valid identification and that the recipient of the order is not intoxicated when obtaining the order. You acknowledge and agree that the Vendor, at its sole discretion, may withhold the order if the above conditions are not met.

9.1 Subject to these Terms of Use, Flavor Savers grants you one single personal, limited, non-transferable, non-exclusive, revocable license to use the Platform or Content. You are strictly prohibited from sharing, lending, sublicensing, selling, reselling, transferring, copying (including copying the source code), reverse engineering, duplicating, reproducing, modifying, or otherwise exploiting your access to the Platform to any other party for any reason.

9.2 If you are a Vendor, you are permitted to create a Vendor User Account and use the Platform to manage and fulfill orders. If you are a Customer, you are permitted to use the Platform to view Goods available for purchase, to create a Customer User Account to order and pay for Goods.

9.3 If, in Flavor Savers’ sole discretion, we determine that you have breached the terms of your license, we will consider this copyright infringement and will immediately revoke your license and suspend your access to the products or services without refund. If your license is revoked, you must destroy any products or services in your possession, whether in electronic or printed format.

9.4 You are not permitted to use the Platform or Content in any way that contravenes these Terms of Use.

10.1 The Platform allows Customers to post their own content (referred to as “User Content”) through their Customer User Account. Customers are responsible for any User Content post, including its accuracy, reliability, and legality.

10.2 By posting User Content to the Platform, you grant Flavor Savers a perpetual, worldwide, non-exclusive, royalty-free, transferrable, and sub-licensable right to use, modify, edit, copy, create derivative works from, publish, perform, publicly display, transmit, distribute, and otherwise use your User Content. You retain all of your rights to any User Content you submit, post on the Platform and you are responsible for protecting those rights. You agree that this license includes the right for Flavor Savers to make your User Content available to other users of the Platforms who may also use your user content subject to these Terms of Use.

10.3 You represent and warrant that:

(a) your User Content is rightfully owned by you, or you have the right to use it, and thereby grant Flavor Savers the right to use it as provided in these Terms of Use; and

(b) posting your User Content on the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

10.4 Flavor Savers has no obligation to post User Content on the Platform.

11.1 Flavor Savers is not responsible for User Content. You understand and agree that you are solely responsible for any User Content you post to the Platform and for all activity under your User Account, whether performed by you or any third party using your User Account.

11.2 You may not post any User Content that is unlawful, offensive, threatening, libelous, defamatory, or obscene.

11.3 Flavor Savers reserves the right to determine whether any User Content is appropriate and complies with these Terms of Use. Failure to comply may result in the limitation, refusal or removal of User Content at our sole discretion.

11.4 Flavor Savers reserve the right to edit and format User Content in our sole discretion.

11.5 Under no circumstances will Flavor Savers be liable in any way for any User Content, including errors or omissions, or any loss or damage incurred as a result of your use of any User Content.

12.1 You agree that you will not use the Platform in a way that:

a) violates any local, national or international laws, regulations, rules, codes, or orders of governmental or judicial authorities;

b) is fraudulent, deceptive or misleading;

c) tampers with the Platform or Content, such as introducing viruses, trojans, worms, logic bombs, or otherwise harms the functionality and security of the Platform or Content;

d) incorporates the Platform or Content in whole or in part on any third party website, whether for commercial or non-commercial use;

e) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Platform or Content;

f) create derivative works from the Platform or Content, decompile, disassemble, reverse engineer or otherwise

g) is threatening, harassing, discriminatory, libelous, defamatory, or obscene;

h) violates any contractual or fiduciary obligations;

i) amounts to unauthorized advertising or marketing;

j) uses the Platform or Content for any third party marketing without Flavor Savers’ express written permission; or

k) has an adverse effect on Flavor Saver’s business, reputation, or ability to provide products or services.

12.2 Flavor Savers will report any of the above activity to the relevant law enforcement authorities. You agree to indemnify and hold us harmless from any third-party claims, liability, damages, and/or costs arising from your use and misuse of the Site, Platform or Content, and/or your breach of these Terms of Use.

12.3 You will be solely liable for any damages resulting from any violation of any of the above.

13.1 Flavor Savers reserves the right to refuse access to the Platform to any person or entity for any reason, including breach of these Terms or Use, at our sole discretion.

13.2 If Flavor Savers terminates or suspends your User Account, your access to your User Account and your ability to use the Platform will cease immediately.

13.3 You can delete your User Account by following the prompts in the Platform. If your User Account is deleted, Flavor Savers may keep your User Account information for legitimate business purposes or if required by law.

13.4 You are not permitted to terminate or delete your User Account if you have outstanding payment owing to Flavor Savers.

14.1 All information in the Site, Platform and Content is owned by Flavor Savers unless otherwise attributed. It is protected by Canadian law governing copyright, trademark, and other proprietary rights. the Platform and its source code and software, branding, trade names, trademarks, service marks, logos, text, taglines, graphics, artwork, photos, videos, web pages and online applications, as well as their selection and arrangement (i.e., “look and feel”) (collectively referred to as “Intellectual Property”).

14.2 Your use of Flavor Savers’ Intellectual Property is strictly limited to the following: You may electronically view, copy, and print portions of the Site, Platform or Content for the purpose of personal, non-commercial use only. If you would like to refer to, copy, or link to information contained in our Site, Platform or Content, you must attribute Flavor Savers/Simply Remote Sales Inc. as the original creator of the information, and you must directly link back to the Site, Platform or Content in whatever platform it appears. For example, if you want to refer to, copy, or link to our Content appearing in one of our social media accounts, you must directly link to that account.

14.3 Any other modification, publication, transmission, participation in the transfer or sale, creation of derivative works, distribution, display, or reproduction of our Intellectual Property in any format without our prior written permission is strictly prohibited.

14.4 Flavor Savers reserves the right to protect and defend our Intellectual Property rights against violation to the fullest extent permitted by law.

15.1 Flavor Savers will try to make the Platform available at all times, however we do not have an obligation to do so, nor will we be liable to you in the event that the Platform is unavailable at any time for any period.

15.2 The Platform may not be available in all or any jurisdictions.

15.3 Although Flavor Savers will perform regular Platform backups and software maintenance and upgrades, we cannot guarantee there will be no loss or corruption of data.

15.4 Flavor Savers will provide support to help troubleshoot any issues that may affect the backup of the Platform. You acknowledge that Flavor Savers has no liability for the integrity of the Platform or its data, or the failure to successfully restore the Platform or its data to a usable state.

15.5 Flavor Savers may alter, suspend, or discontinue the Platform at any time for any reason without notice.

16.1 Flavor Savers uses a number of third party applications to make the Site, Platform and Content available to you. We may also link the Platform and Content to third party websites, applications, and platforms. Flavor Savers assumes no responsibility for the content, security, or reliability of any third party website, application or platform, or for any losses or damages you may incur from using applications third party website, applications or platform.

16.2 If you would like to know which third parties we use, contact us at admin@flavorsavers.ca. If you do not agree with the Terms of Use for any of these third parties, please do not use the Platform or Content.

17.1 If you voluntarily opt into our email list or purchase products or services from Flavor Savers, you agree to receive email from us, including announcements, site updates, promotions, and news about any changes to the products or services you have purchased.

17.2 We accept no responsibility for your receipt of communication from us. You are responsible for ensuring that your email address is not blocked or impaired from receiving our communication.

17.3 You may unsubscribe from our communication at any time. However, in doing so, you understand that you will no longer be notified of information or updates from us. If you have purchased products or services, we reserve the right to continue sending you communication pertinent to your purchase, including issues with payment.

17.4 You agree to comply with Canada’s Anti-Spam Legislation. If, in our sole discretion, we determine that you are involved in creating or sending spam to the Site, our email, or our social media channels, we may immediately terminate your access to these platforms.

18.1 We may post User testimonials and feedback in the Platform or Content. Although these are truthful, they are examples only and are not necessarily typical. Any testimonials or other feedback that we may post do not guarantee any outcome from using the Platform or Content.

19.1 Flavor Savers expressly disclaims liability for any direct or indirect loss or damage to you or others arising from your use of the Platform or Content.

a) General Information Disclaimer: Flavor Savers tries to ensure that the information in the Platform and Content is accurate, we do not guarantee this.

b) Confidentiality Disclaimer: Flavor Savers does not guarantee the confidentiality of any information you share through the Platform. Although Flavor Savers generally follows accepted industry practices for secure transmission of data through the Platform, you acknowledge and agree that Flavor Savers cannot guarantee the security of data transmitted over the internet or a public network in connection with your use of the Platform.

c) Information Pertaining to Goods Disclaimer: Flavor Savers tries to accurately display the information provided by Vendors about their Goods, including prices, warnings about food allergies, sensitivities, and other dietary concerns, and other relevant information about the Goods. However, Vendors are responsible for providing this information about their Goods and ensuring that it is accurate and current. Flavor Savers does not undertake any such responsibility. If you have questions or concerns about a Vendor’s Goods, you should contact the Vendor directly before ordering.

d) Vendor Actions and Omissions Disclaimer: The legal contract for the purchase and supply of Goods is between the Customer and Vendor. The Customer acknowledges and agrees that:

• Flavor Savers has no control over the actions or omissions of any Vendor.
• Flavor Savers disclaims any guarantee about the quality, freshness, temperature, merchantability, suitability, or fitness for purpose.
• Pickup times provided by Vendors are only estimates. Neither Flavor Savers nor Vendors guarantee that orders will be available at the estimated time.

e) Platform Service Disclaimer: You acknowledge and agree that you use the Platform or Content at your own risk. Flavor Savers does not guarantee that the Platform or Content are compatible with your device, or that the Platform or Content or any links from the Platform or Content, will be free of viruses, worms, malware, trojan horses, disabling devices, or other code that may cause damage. You are responsible for protecting the security and integrity of your device and you are responsible for the full cost of any service or repair to your device that may be required as a result of your use of the Platform.

20.1 Flavor Savers tries to provide information and service that is accurate, complete, reliable, and current, but we cannot guarantee this. We also cannot guarantee any outcome as a result of you using the Platform or Content. You accept full responsibility for your use of the Platform or Content.

20.2 The Platform and Content are provided “as is” without any express or implied warranty, including merchantability, fitness for a particular purpose, or non-infringement. In no event will Flavor Savers be liable for any damages, including, without limitation, indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits or revenue, loss of use, lost or corrupted data, personal injury, fines, fees, penalties or other liabilities.

20.3 Vendors offering Goods through the Platform are independent from Flavor Savers and are not representatives, agents or employees of Flavor Savers. Flavor Savers is not liable for the acts, errors or omissions, representations, warranties, contract breaches or negligence of Vendors or for any injury, damage or expenses resulting thereof. Flavor Savers bears no responsibility for the products or services offered by Vendors.

20.4 To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of Flavor Savers under or in connection with these Terms of Use exceed $100 in Canadian dollars. For clarity, multiple claims under these Terms of Use will not increase the maximum liability amount.

20.5 The limitations in this section will survive even if a limited remedy in this section is found to have failed of its essential purpose.

21.1 You agree to indemnify and hold harmless Flavor Savers and its directors, officers, employees, agents, affiliates, subsidies, representatives, or partners from any claims, demands, losses, damages, causes of action, lawsuits, and judgments, including legal fees and related costs incurred by you or others that result from your actions under this agreement.

21.2 You agree to defend against any claims, demands, losses, damages, causes of action, lawsuits, and judgments, including legal fees and related costs incurred by you or others that result from your actions under this agreement, unless expressly stated otherwise by Flavor Savers in writing.

22.1 If a dispute between you and Flavor Savers arises out of or in connection with these Terms of Use, the first course of action should be to resolve matters on an individual basis.

22.2 If matters cannot be resolved on an individual basis, you and Flavor Savers agree, except where restricted by law, to resolve the dispute through arbitration before a mutually agreed upon arbitrator under the current rules of the Canadian Arbitration Association. If the parties cannot agree upon an arbitrator, each party will select one arbitrator who will then appoint a neutral arbitrator to hear the matter.

22.3 You and Flavor Savers will equally split the costs of the arbitrator and each party will independently pay their own additional costs related to the arbitration.

22.4 The only award that you can receive is a refund of any payment you made to Flavor Savers or a maximum of $100 in Canadian dollars, whichever is less. The arbitrator will have no authority to award punitive or non-compensatory damages to either party. The decision of the arbitrator will be final and binding.

22.5 Any claim you bring against Flavor Savers must be brought in your individual capacity and not as a representative plaintiff or class member. You will not join claims with any other person or entity, or bring, join, or participate in a class action suit, or collective or representative action of any kind against Flavor Savers.

22.6 Nothing in this section prohibits Flavor Savers from seeking interim measures from a court for your breach of Flavor Savers’ Intellectual Property rights.

23.1 If a provision in these Terms of Use is determined to be invalid or unenforceable, the remaining provisions will not be affected and will remain in full effect provided that the purpose of these instruments is not adversely affected.

24.1 If Flavor Savers fails to enforce full compliance of these Terms of Use, whether through default, breach or non-compliance, this shall not constitute a waiver of full compliance. A waiver will only be effective if provided in writing by Flavor Savers and signed by you and Flavor Savers.

25.1 The parties’ rights and obligations under these Terms of Use cannot be assigned to any other party. Any assignment that violates this provision shall be void.

26.1 These Terms of Use, as well as any other written agreement that governs your relationship with Flavor Savers, constitute the entire agreement between you and Flavor Savers.

27.1 This agreement shall be governed by the laws of Ontario and applicable laws of Canada without giving effect to any choice or conflict of law provision or rule of another jurisdiction

If you have questions or concerns about these Terms of Use, please contact us at admin@flavorsavers.ca.

Updated on: 2022-10-13