(Last Updated December 13, 2021)

GENERAL

These Terms of Service (“TOS”) are between you (i.e. the end-user of the Services) (“you”) and Dish2Door.com Inc. (“Dish2Door” or “we” or “our”) and they govern your access to and use of Dish2Door’s Platform and Delivery Services. These TOS also apply to the Delivery Services offered by our business division Vasalthedi.

If you have any questions relating to these TOS please contact customerservice@dish2door.com.

PLEASE READ THESE ENTIRE TOS CAREFULLY BEFORE ACCESSING, USING OR DOWNLOADING ANY OF THE SERVICES.

THESE TOS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CERTAIN EXCLUSIONS AND LIMITATIONS, INCLUDING THE FOLLOWING:

• DISCLAIMERS REGARDING THE PLATFORM AND SERVICES
• LIABILITY LIMITATIONS AND EXCLUSIONS
• AN INDEMNITY FROM YOU
• A FORUM SELECTION CLAUSE
• A WAIVER OF CLASS ACTION DISPUTES CLAUSE

THESE TOS ARE EFFECTIVE UPON ACCEPTANCE. WHEN YOU REGISTER FOR A REGISTERED USER ACCOUNT WITH DISH2DOOR, YOU ACCEPT THESE TOS BY CHECKING THE APPROPRIATE BOX AND ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TOS. IF YOU DO NOT REGISTER FOR A REGISTERED USER ACCOUNT, THESE TOS ARE EFFECTIVE THROUGH USE OF THE SERVICES, INCLUDING USE OF THE WEBSITE OR BY DOWNLOADING ONE OF THE APPS.

IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO DISH2DOOR THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TOS, YOU MUST NOT USE ANY OF THE SERVICES AND MUST CEASE ANY USE OF THE SERVICES IMMEDIATELY.

About the Dish2Door Platform and Services

Dish2Door makes available an online platform (“Platform”), via its website located at dish2door.com (“Website”) and via the mobile applications it makes available for download (“Apps”), which Platform allows Dish2Door end-users to place shopping orders (“Shopping Orders”) for grocery and pharmacy items, including without limitation food stuffs, personal care products and over-the-counter health products (“Products”) from third party retail businesses (“Stores”) and have such ordered Products to be delivered (“Delivery”). Delivery will be made by independent third party delivery persons (“Runners”) contracted by Dish2Door. Store Delivery will be made to an end-user who has placed an Order via the Platform (each, a “Customer”) and whose Order has been confirmed by Dish2Door and confirmed and accepted by the relevant Store, in each case in accordance with these TOS.

Dish2Door also provides support services, such as payment processing for Orders and customer for support for Orders and Delivery (“Support Services”).

Such Support Services, Platform, Website and App, but not Products and Delivery, are collectively referred to in these TOS as the “Services”. For clarity, Services do not include any Products (which are prepared and fulfilled by Stores) or Delivery (which is fulfilled by Runners).

Your Age and Eligibility

The Services are not intended for persons under the age of 18 and no person under the age of 18 may download an App or otherwise use the Services.

At present, only end-users with an account in Ontario may place Orders.

If you download the App or otherwise use the Services, you represent and warrant to Dish2Door that you are at least 18 years of age.

Scope of Services and Dish2Door’s Role

IN NO EVENT WILL DISH2DOOR BE RESPONSIBLE FOR AND, DISH2DOOR DISCLAIMS AND EXCLUDES ALL LIABILITY ARISING FROM ANY (I) PRODUCTS; (II) DELIVERY; (III) RUNNERS; OR (IV) STORES.

The Services facilitate the ability of end-users, as Customers, to place Orders and receive Products from Stores via Delivery.

By placing an Order, the Customer is making an offer to a Store for Products. By accepting the Order, a Store has accepted such offer. When Customers and Stores arrange for the purchase and sale of Products via such offer and acceptance, they are directly concluding an agreement (“Order Agreement”) with each other. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed by the Store pursuant to these TOS.

Dish2Door is not and does not become a party to or other participant in any contractual relationship between Customer and Stores. Dish2Door is not acting as an agent in any capacity for any Customer or Stores.

Privacy

In order to operate and make the Services available, Dish2Door collects, uses and discloses certain personal information about you. Dish2Door collects, uses, discloses and protects that information as described in Dish2Door’s Privacy Policy, which you can find at dish2door.com/privacy, and which is hereby incorporated into and forms a part of these TOS. Your privacy is important to Dish2Door and Dish2Door’s Privacy Policy explains how Dish2Door collects, uses, discloses and protects Your personal information.

Your Account and Login Methods

Before you can place Orders s using our Website or Application, you need to open and register for a Dish2Door account by creating a username and password , or through a third party social networking site accounts (such as Facebook). Such login methods are referred to as Login Methods” in these TOS. As part of account setup, you will be asked to provide certain information, such as your name, billing address, delivery address, e-mail, and payment method details. Please see “Privacy”, above, regarding collection, use and disclosure of personal information.

Dish2Door reserves the right to reject any registration in Dish2Door’s sole discretion.

If you choose to create an account with Dish2Door, then you represent, warrant and covenant to Dish2Door that you: (i) are based in Ontario, Canada; (ii) will provide true, accurate, current and complete information; (iii) will maintain and promptly update the information you provide to Dish2Door; and (iv) you will not enter any irrelevant data into any form or data entry field other than the data requested by Dish2Door for such field.

Login Methods are solely for your personal use.

As between You and Dish2Door, Dish2Door will not be responsible for any loss to you that arises from any use of your account or Login Methods or from your failure to comply with these provisions. You are solely responsible for (i) the confidentiality and security of your Login Methods; and (ii) all activities that occur under your Login Methods and/or account. Dish2Door is not obligated to inquire as to the authority or propriety of any use of, or action taken under, a any Login Methods or account. If another person uses or accesses your account, you will be responsible to pay for any Products they order, and we are not responsible for any other losses you suffer, unless the person using your password or other login method obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section within the Services or contacting us using the contact details above.

We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Services. If we close your account permanently we may (depending on the reasons for closure) refund any remaining account credit you have validly obtained from our customer service team or Website or Application,)

Availability of Services, Delivery and Stores

At present, the Services are only available for use within Ontario, Canada.

Each Store has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service, in an effort to ensure that ordered Products reach your door promptly. Our Merchants each decide their own operating hours. That means that the availability of our Services, and the range of Stores from which you can order, depends on the Stores then-in operation and then-open for delivery in your area. If you try to order a Delivery to a location outside the delivery area or operating hours of a Store, or any portion(s) of the Services is (are) otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Order Agreements

1. An Order may be placed by Customer by clicking the ‘Buy Now’ button during the process of placing an Order through the Platform.
2. After receipt of the Order, Dish2Door will electronically confirm its receipt of the Order to the Customer. THE Store will still need to confirm and accept the Order before the Order becomes an Order Agreement.
3. The Store will only confirm and accept an Order if the Customer provides accurate, current and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the payment data supplied or mentioned to Dish2Door or the Store.
4. We will send you a further notification, by text message or e-mail, if your Order has been accepted by the Store (the “Confirmation Notice”). The Order Agreement becomes effective when we send the Confirmation Notice. You are responsible for paying for all Products ordered pursuant to an Order using your account, and for related Delivery charges, and for complying with these TOS, even if you have ordered the Item for someone else. Some Merchants operate a minimum order value policy. This will be displayed on our Website or Application. All Products are subject to availability, the order agreement only becomes effective when dish2door receives the Store’s confirmation of the Order AND THE CONFIRMATION NOTICE IS SENT.
5. With respect to information on the status of an Order, after having placed the Order, the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Store and Dish2Door.
6. If the Customer requests Delivery, the Customer must be present at the delivery address indicated by the Customer in the Order in to receive Delivery of the Ordered Products.
7. If the Customer requests Pickup, the Customer must be present at the selected time at the collection location of the Store, as indicated in the Confirmation Notice or on the Dish2Door website.
8. in no event will Dish2Door be liable or responsible in any way relating to the fulfillmint of the Order or Order Agreement, INCLUDING FOR ANY ACTS OR OMISSIONS OF RUNNERS.

Dissolution of the Order Agreement and Order Cancellation

1. Considering the perishable nature of the Products in the Order, the Customer shall not be entitled to cancel the Order Agreement. Further, neither Orders nor Order Agreements can be cancelled by the Customer with Dish2Door. Cancellation of the Order or Order Agreement with the Store is only possible by the Customer if the Store explicitly indicates that cancellation of the Order or Order Agreement by the Customer is possible.
2. The Store and Dish2Door are entitled to refuse or cancel the Order or Order Agreement for any reason, such as, if the Order is or any Products in the Order are no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, if the Order is ordered from outside the delivery radius in which the Store operates, or in case of instances outside the reasonable control of Store, or if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If Dish2Door cancels an Order that has already been paid for, Dish2Door shall transfer the paid amount into the same account as from where the payment has been made. If the Customer places Orders that appear as false or fraudulent, Dish2Door may report this to the legal authority.
3. Orders may also be cancelled as expressly specified elsewhere in these TOS.

Alcohol

If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered (over 19 in Ontario) and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Store or Runners may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Store or Runners, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Store or Runners then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Store or Dish2Door. If you order alcohol and the alcohol is to be delivered, the delivery address must be a residential or private addresses. For greater certainty, alcohol orders may be subject to time and location restrictions.

Tobacco, Cannabis and Vapour Products

The Platform does not currently support the sale or delivery of tobacco (including cigarettes), cannabis (including cannabis-related products) or vapour products.

Over-the-Counter Medications

If you place any Order that includes any product that is an over-the-counter drug or other medical product, you acknowledge that your ordering and use of such product is entirely at your own risk. You acknowledge and agree that Dish2Door does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician-patient relationship exists between Dish2Door and you as a result of your use of the Services.

We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.

DISH2DOOR MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS OR HEALTH INFORMATION RELATING TO ANY OVER-THE-COUNTER DRUG OR OTHER MEDICAL PRODUCTS, AND CORNERSHOP, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, AND THE CONTRACTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH OVER-THE-COUNTER DRUG AND OTHER MEDICAL PRODUCTS (INCLUDING YOUR USE THEREOF) AT ALL.

IF YOU ARE HAVING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

Pricing; Fees; Tips; Taxes

Prices of Products, Delivery fees, and Services fees, as indicated via the Services, exclude any taxes. The total price of your Order will be set out on the checkout page on our Services, including the prices of Products, Delivery fees, Services fees, tip, and taxes.

Dish2Door may operate dynamic pricing, which means that prices of Products and Delivery may change while you are browsing. Prices can also change at any time at the discretion of the Stores. No dynamic pricing changes will affect existing confirmed Orders, unless there is an obvious pricing mistake. Nor will dynamic pricing changes affect any Orders in process and Products appearing within your Order cart, provided you complete the Order within 2 hours of creating the applicable cart. If you do not conclude the Order before the 2 hour cut-off, the Products will be removed from your basket automatically and the price change will apply.If there is an obvious pricing mistake, solely as determined by us in our reasonable discretion, we will notify you as soon as we can and you will have the choice of confirming the Order at the original price or cancelling the Order without charge and with a full refund of any money already paid for such Order.

We also reserve the right to charge a Services fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Services fee and taxes prior to purchase on the checkout page on the Services.

The current Delivery and Services fees are specified here: [https://dish2door.com/]

When you place an Order, you will have the option to make a discretionary payment of a tip or gratuity for the Runner via the Website or Application in addition to the purchase price of the Products in, delivery fee for, and taxes on, your Order.

Payment

1. At the moment the Order Agreement is concluded in accordance with the provisions of these TOS, you, as a Customer, must pay for all Products ordered pursuant to an Order using your account and for related Delivery charges, plus all applicable taxes. The Customer may fulfil this payment obligation by using an online payment method made available through the Platform, or by payment to the Runner on Delivery, or by payment to the Store at the Pickup location.
2. Where cash payment is possible, this will be made clear on our Services before you place your order
3. For all online payments or other payments by credit or debit card, You hereby authorize Dish2Door to charge you, via a third party payment processor, for your Orders, plus any taxes and fees (e.g. Delivery fees). If a payment does not go through, for any reason, You agrees to pay all applicable amounts due to the Runner on Delivery, or by payment to the Store at the Pickup location.
4. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR AND HAVE NO LIABILITY FOR ANY PAYMENT PROCESSORS. Payment processing is governed solely by the third party processor’s service agreement and not these TOS.
5. Subject to these TOS, reimbursement of any or all of an online payment shall only be possible if the Order cannot be Delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made.
6. If there are chargebacks, then We may charge You for any related fees, collection fees, convenience fees, or other third party charges, If Your account is delinquent or You otherwise have chargebacks on Your account, You may be charged fees that are incidental to Dish2Door’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.
7. We are authorized by our Stores to accept payment on their behalf. In some cases, you can alternatively make your payment in cash directly to the Store by paying the Store on Pickup.

Delivery

When you place an Order you will have the choice of ASAP Delivery or Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Order Delivery before you place the Order, but the Delivery may be made sooner or later. As a result, you must be available to accept the Delivery immediately from the time you place the Order. For a Scheduled Delivery, we will tell you the time when the Item is estimated to be delivered. As a result, you must be available to accept delivery for at least 10 minutes before and 10 minutes after that expected time.

ALL INDICATED DELIVERY TIMES ARE ESTIMATES ONLY.

Unfortunately, things do not always go to plan and factors, such as traffic, a Runner’s or Store’s acts or omissions, or weather conditions, may prevent a Delivery from being delivered by the estimated time. If your Order is more than 15 minutes late due to factors not caused by you (as determined by Dish2Door in its sole discretion), and we haven’t notified you giving you the option to cancel your Order, we will reasonably work with you in an attempt to complete the Delivery.

Delivery will be attempted at the address you provide to us when you place your Order. If you need to change the Delivery location after you have placed your Order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the Runner has been dispatched, and if the new address is within the same zone as the original delivery address of your Order. If we cannot change the delivery address, you have the option to cancel the Order, but if food preparation has started you will be charged the full price for the Order, and if the Runner has been dispatched you will also be charged for Delivery.

You will still be charged for the Products in an Order and for Delivery in the event of a failed Delivery if you have caused such failure for any reason, in our sole discretion. Reasons you might cause a Delivery to fail include (but are not limited to):

• You do not come to the door, did not pick up the phone when the Runner n contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the Runner is unable to find a safe location to leave the food.
• The Runner refuses to deliver the Item to you in accordance with the Alcohol policy of these TOS.

Your Rights if Something is Wrong With the Products in Your Order

YOU AGREE THAT DISH2DOOR IS IN NO WAY RESPONSIBLE FOR ANY ORDERS, ANY PRODUCTS IN AN ORDER, OR FOR ANY ACTS OR OMISSIONS OF ANY STORE OR RUNNERS.

If you believe that the Products you have been Delivered do not comply with your Order, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Products. We may provide a refund or account credit in respect of the affected part of the non-compliant Item, subject to approval of the refund or credit by the Store. We may also provide a refund in respect of Delivery if all Products in an Order were incorrect, unless we have reasonable cause to believe that the problem was caused after Delivery. ANY SUCH REFUND OR CREDIT IS YOUR SOLE AND EXCLUSIVE REMEDY, AND DISH2DOOR’S SOLE OBLIGATION, IN RESPECT OF PRODUCTS AND ORDERS. NO REFUND OR CREDIT WILL BE PROVIDED IN RESPECT OF CUTLERY, SALAD, BEVERAGES, OR SIMILAR PRODUCTS.

DISH2DOOR IS NOT LIABLE FOR ANY PRODUCTS OR ORDERS PROVIDED OR MADE AVAILABLE BY PARTNER RESTAURANTS. EXCEPT AS NOTED IN THE PREVIOUS PARAGRAPH, YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO PRODUCTS AND ORDERS SHALL BE WITH AND AGAINST THE APPLICABLE PARTNER RESTRAUNTS.

Prior to processing your refund or account credit, we may take into account relevant factors, including the details of the Order, your account history, what happened on Delivery and information from the Store, and/or Runner.

Complaints about the Services

1. If you have a complaint with respect to the Services, the complaint is to be communicated by email or ordinary mail to the Dish2Door customer service, at the contact address as indicated in these TOS.
2. Once the complaint has been received by Dish2Door, we will use reasonable endeavors to reply as soon as possible, but not later than within one week, with a confirmation of receipt. Dish2Door aims to handle the complaint as soon as possible, but not later than within two weeks.
3. Complaints as described in these TOS must be filed promptly within due time, but no later than 24 hours, after submission of the applicable Order. Complaints must be fully and clearly described and filed with the respective Store or Dish2Door (in accordance with these TOS).

End-User Contributions and Feedback

You agree that any submission of any Contributions that are ideas, suggestions, and/or proposals to Dish2Door (“Feedback”) is at your own risk and that Dish2Door has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.

You represent and warrant that you have all rights necessary to submit your Contributions and Feedback.

You hereby grant to Dish2Door a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use and exploit such Contributions and Feedback, including without limitation, to copy, display, publish, modify, remove, publicly perform, translate, create derivative works, and distribute your Feedback and Contributions. You waive any and all of your moral rights in your Feedback and Contributions.

Responsibility for Contributions, Dish2Door Content and Store Content

UNDER NO CIRCUMSTANCES WILL Dish2Door BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY Dish2Door or partner restaurant CONTENT, or any contributions.

Dish2Door: (i) stores Contributions and Store content at the direction, request and with the authorization of end-users (including you) and Stores, respectively; (ii) acts as a passive conduit and/or host for the uploading, storage and distribution of Contributions and Partner Restaurant content; and (iii) cannot and does not review any Contributions or Partner Restaurant content.

Dish2Door may, but does not undertake or assume any duty to, monitor the Services for any content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these TOS or any applicable law, rule or regulation.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that have been mislabeled or are otherwise deceptive.

Disclaimers

USE OF THE SERVICES, DELIVERY, DISH2DOOR CONTENT, PARTNER RESTAURANT CONTENT, OR CONTRIBUTIONS, IS SOLELY AT YOUR OWN RISK. THE SERVICES, DELIVERY, DISH2DOOR CONTENT, STORE CONTENT AND CONTRIBUTIONS, ARE MADE AVAILABLE AND PROVIDED “AS IS” WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, DISH2DOOR EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.

DISH2DOOR IS NOT A PARTY TO ANY INTERACTIONS BETWEEN OR AMONG END-USERS, STORES, AND/OR RUNNERS, AND IT IS NOT A PARTY TO ANY TRANSACTIONS, ORDERS OR DELIVERY. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTRIBUTIONS, AS WELL AS ANY COMMUNICATIONS AND INTERACTIONS WITH STORES, AND/OR RUNNERS.

DISH2DOOR’S SOLE ROLE IS TO MAKE AVAILABLE THE SERVICES TO ALLOW END-USERS TO CONNECT WITH STORES AND/OR RUNNERS, TO ENABLE ORDERS AND DELIVERY.

Dish2Door does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Dish2Door CONTENT, partner restaurant CONTENT, OR ANY STATEMENTS BY ANY STORE OR ANY RUNNER, or any contributions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISH2DOOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICES, DELIVERY, DISH2DOOR CONTENT, PARTNER RESTAURANT CONTENT, OR CONTRIBUTIONS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY WARRANTY OR CONDITION OF SAFETY, AVAILABILITY, ACCESSIBILITY, SECURITY, UNINTERRUPTED USE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, ACCURACY, TIMELINESS, TRUTHFULNESS, OR CURRENCY, OR THAT ANY OF THE FOREGOING ARE OR WILL BE ERROR-FREE OR VIRUS-FREE.

Limits and Exclusions of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DISH2DOOR BE LIABLE FOR ANY OF THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) PRODUCT LIABILITY; (IV) BUSINESS INTERRUPTION; (V) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (VI) PERSONAL INJURY OR DEATH; OR (VII) PERSONAL OR REAL PROPERTY DAMAGE.

DISH2DOOR IS NOT LIABLE FOR ANY PRODUCTS OR ORDERS EXCEPT AS EXPRESSLY NOTED IN THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO PRODUCTS AND ORDERSSHALL BE WITH AND AGAINST THE APPLICABLE STORES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DISH2DOOR IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED CAD$100. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

THIS SECTION “LIMITS AND EXCLUSIONS OF LIABILITY” WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND INJURY), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF DISH2DOOR HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, AND WILL APPLY WHETHER OR NOT ANY DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR WHETHER DISH2DOOR WAS ADVISED OF SAME,

Suspension And Termination; After Termination

In addition to any suspension or termination rights of Dish2Door specified elsewhere in these TOS, failure to comply with these TOS may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your account or right to use any or all of the Services;
• immediate, temporary or permanent removal of any or your Contributions;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

Dish2Door has no obligation to provide you with any notice of your breach of these TOS, but Dish2Door may choose to provide notice, and an opportunity to cure such breach, in Dish2Door’s sole discretion should we so choose.

Dish2Door reserves the right to suspend or terminate the Services at any time and for any reason, in Dish2Door’s sole discretion.

The terms and conditions in these TOS will continue to apply to your past use of the Services, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve you of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that you otherwise may have to Dish2Door or Stores.

You may cancel your account with Dish2Door at any time via the Services or by sending an email to customerservice@dish2door.com. Please note that Dish2Door does not have an obligation to delete or return to you any of your Content or Feedback.

Upon termination of these TOS or your dish2door account: (i) will remain liable for all amounts due hereunder; and (ii) any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination.

Intellectual Property Rights

All right, title and interest (including all intellectual property rights) in and to the Services, Dish2Door content, and Store content is owned by Dish2Door or Stores or their licensors. The Apps are licensed, not sold, to you. All rights not expressly granted in these TOS to you are expressly reservices by Dish2Door.

You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Services, Dish2Door Content or Store Content.

All trademarks and other indicia of origin appearing on or in the Services, Dish2Door Content or Store content are the property of Dish2Door, Stores or their licensors, unless otherwise indicated. You may not use any such trademarks or other indicia of origin.

Dish2Door, Stores, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against you personally.

Your Contributions are, as between you and Dish2Door, your property.

Procedure for Making Claims of Copyright Infringement

Dish2Door takes claims of copyright infringement seriously. Dish2Door will respond to notices of alleged copyright infringement that comply with applicable laws. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to the attention of “Copyright Infringement” of customerservice@dish2door.com and include in your notice a detailed description of the alleged infringement.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing Your copyright, you may be held liable for damages (including costs and lawyers’ fees) under applicable laws, rules and regulations.

It is Dish2Door’s policy in appropriate circumstances to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Services Updates; TOS Amendments

Dish2Door may, in Dish2Door’s sole discretion, release fixes, patches or updated versions of the Services or otherwise add or remove services, content or features (including modifications to the features, availability or functionality of the Services and/or content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the Services and will be subject to the terms and conditions of these TOS.

Dish2Door may amend these TOS, or any provision thereof, with immediate effect at any time and without notice. Your use of the Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOS in effect at the time of such use

Indemnification

You agree to indemnify and hold harmless the Dish2Door and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any demands, claims, allegations, suits, proceedings, actions, liabilities, losses, damages, penalties, fines, costs and expenses, including without limitation legal fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your Contributions or your interaction with any Runner, or Store; (b) your misuse of the Services; (c) your violation of these TOS; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. For certainty, in the event of any demand, claim, allegation, suit, proceeding, or action alleging any matter potentially covered by this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal fees incurred by the Indemnified Party. Dish2Door reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Dish2Door in asserting any available defenses.

Software Available On This Website

Any software that is made available from the Services (“Dish2Door Software“) is the work of Dish2Door and/or its suppliers and is protected by copyright, trademark and other applicable laws. The end user license agreement, if any, which accompanies or is included with the Dish2Door Software (“Dish2Door End User License Agreement“) governs its use. An end user will be unable to use any Dish2Door Software that is accompanied by or includes a Dish2Door End User License Agreement unless he or she first agrees to its terms.

The Software is made available solely for use by end users according to the terms of the License Agreement.

COPYING OR REPRODUCING DISH2DOOR SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE DISH2DOOR END USER LICENSE AGREEMENT. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.

DISH2DOOR MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS DISH2DOOR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DISH2DOOR MAKES NO ASSURANCES AS TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

EXCEPT AS MAY BE WARRANTED IN THE DISH2DOOR END USER LICENSE AGREEMENT, DISH2DOOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE DISH2DOOR SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

Third-Party website and Interactions

1. Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, Dish2Door will not warn you that you have left the Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Dish2Door. Dish2Door is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. Dish2Door provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in and to Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
2. App Stores. The Apps are made available to you by Dish2Door free of charge through Google Play (owned and operated by Google Inc. (“Google”)) and the App Store (owned and operated by Apple Inc. (“Apple”)), for use on an eligible mobile device of Yours that complies with these TOS and is owned or controlled by You (“Your Mobile Device“). Without limitation, Dish2Door does not endorse Your Mobile Device and provides no representations, warranties or conditions regarding Your Mobile Device. Dish2Door, not Google or Apple, is solely responsible for the Services, including the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the Apple or Google in connection with the Apps or the Services. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., Apple’s and Google’s terms and policies) when using the Apps. You acknowledge that Apple and Google (and their affiliates and subsidiaries) are intended third-party beneficiaries of these TOS and have the right to enforce them.

Applicable Law and Jurisdiction

All matters relating to these TOS will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada applicable therein, as applicable, without regard to the conflicts of laws principles thereof. You and Dish2Door also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, located within the City of Toronto, with respect to any and all matters arising in connection with these TOS. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOS.

Waiver of Jury Trial

YOU AND DISH2DOOR WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL.

Waiver of Class or Consolidated Actions

YOU AND DISH2DOOR AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THESE TOS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TOS MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

No Joint Venture or Partnership

For all purposes, Dish2Door and you are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party..

Severability; Entire Agreement; Waiver

If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitute the entire understanding, and supersedes all other understandings, between you and Dish2Door concerning the subject matter hereof. No waiver of a right of a party under these TOS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.

Force Majeure

Dish2Door will not be liable under these TOS because of a failure or delay in performing Dish2Door’s obligations hereunder on account of any cause beyond Dish2Door’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.

Construction

Except as otherwise provided in these TOS, the parties’ rights and remedies under these TOS are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these TOS are for reference purposes only and have no substantive effect.

Assignment

Dish2Door may assign or transfer these TOS in whole or in part at any time without Your consent. You may not assign these TOS or assign, transfer or delegate Your Registered User Account or any of your rights or obligations under these TOS. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.

Language

It is the express wish of the parties that these TOS and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais

Copyright Notice

Copyright © 2020 Dish2Door.com Inc. All rights reserved.

Supplemental Terms for Apple Users

These terms supplement and are in addition to the terms of these TOS for users who use the Apps or Services on Apple products (collectively, “Apple Devices“):

1. These TOS are between You and Dish2Door only, and not with Apple. Dish2Door is solely responsible for the Apps and Services.
2. Your use of the Apps and Services must comply with the usage rules set forth in the Apple App Store Terms of Use. The license granted for the Apps with respect to Apple Devices is a non-transferable license to use the Apps on any Apple Devices that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Services, except that such Apps may be accessed, acquired, and used by other affiliated accounts via Apple’s Family Sharing program or volume purchasing.
3. Dish2Door, is solely responsible for providing and Apple has no obligation to provide maintenance and support for the Apps and Services. Support requests, as well as questions or complaints regarding the Apps, may be directed to Dish2Door.
4. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the Apps or Services, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Dish2Door shall not be required to provide a refund to You under any circumstances.
5. Apple is not responsible for addressing any claims by You or any third party relating to the Apps or Services or Your possession and/or use of the Apps or Services, including but not limited to (i) product liability claims, (ii) any claim that the Apps or Services fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
6. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Apps or Services, or Your possession and use of the Apps or Services, infringes a third party’s intellectual property rights.
7. You represent and warrant that (i) the Apps and Services will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) neither You nor any User is listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these TOS, and have the right (and shall be deemed to have accepted the right) to enforce these TOS against You.
9. To the extent that any third-party terms are applicable when using the Apps or Services, each user must comply with such terms when using the Apps or Services.
10. Dish2Door’s address is 211-3091 Eglinton ave East ,Scarborough – ONT M1J 2G1

Supplements Terms for Google Users

These terms supplement and are in addition to the terms of the TOS for Users who use the Apps or Services on products with Android or other Google operating systems instanced (collectively, “Google OS Devices“):

1. Google may, at any time and without notice, restrict, interrupt or prevent use of the Apps, or delete the Apps from Your Google OS Device, or require Dish2Door to do any of the foregoing, without entitling You to any refund, credit or other compensation from Dish2Door or any third party (including, but not limited to, Google Inc. or Your network connectivity provider).
2. These TOS are between You and Dish2Door only, and not with Google. Dish2Door is solely responsible for the Apps and Services.
3. The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between You and Google consisting of the Google TOS of Services (found at http://www.google.com/accounts/TOS) and the Google Play TOS of Services (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google TOS of Services called the “Google TOS“). In addition, Your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html). The Google Play TOS of Services, Google Play Business and Program Policies, and Google TOS of Services shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
4. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Apps or Services, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Dish2Door shall not be required to provide a refund to You under any circumstances.
5. Google shall not be responsible for addressing any claims by You or any third party relating to the Apps or Services or Your possession and/or use of the Apps or Services, including but not limited to (i) product or service liability claims, (ii) any claim that the Apps or Services fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
6. Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Apps or Your possession and use of the Apps infringes a third party’s intellectual property rights.
7. You represent and warrant that (i) the Apps will not be downloaded or used, and Services will not be access or used, in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) neither You nor any User is listed on any U.S. Government list of prohibited or restricted parties.
8. Google and its subsidiaries are third-party beneficiaries of these TOS, and have the right (and shall be deemed to have accepted the right) to enforce these TOS against You.
9. In order to continually innovate and improve Google Play, Google may collect certain usage statistics from Google Play and Your Mobile Device, including but not limited to, information on how Google Play and Your Mobile Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. To ensure the improvement of the Apps and Services, limited aggregate data may be available to Dish2Door upon its written request.
10. Dish2Door’s address is 211-3091 Eglinton Ave East, Scarborough – ONT M1J 2G1