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LEGAL NOTICE: GENERAL TERMS AND CONDITIONS

All pages on the TOP MENU website are protected:
© 2013 All rights reserved
Terms and conditions of use of:
The website www.topmenu.ca and any TOP MENU mobile application
(Thereafter collectively called: « Website »)
Introduction

Welcome to the Website www.topmenu.com or to any mobile application provided by TOP MENU WEB INC. TOP MENU is a registered company in the province of Quebec, Canada whose registered company number is 002206170 and whose head office is located at: 225 Chabanel West, Montreal H2N 2C9 Quebec, Canada. Top Menu does business under the names and legal name of Top Menu for the TOP MENU brand (thereafter collectively called: « TOP MENU »). For your protection as well as ours, we have established the general clauses and terms of use of this Website (« Terms and Conditions »). TOP MENU offers you, thanks to the Website, a variety of online delivery options that are regulated by these clauses. Your viewing of the Website in any way or the placing of an order implies that you accept to comply with these clauses. Since these clauses are susceptible to be modified without prior notice, we encourage you to regularly consult this page. The use of this Website is also regulated by the privacy policy [l1] of TOP MENU.

Any modification of the Terms and Conditions will be added to this page and it is understood that your use of the Website and the placing of an order, following the modifications made to the Terms and Conditions, constitutes your acceptation of the amended terms.

The Terms and Conditions of the Website represent the complete contract between you and TOP MENU with respect to the use of the Website. These Terms and Conditions supersede any prior agreed contract between you and TOP MENU. Additional terms may apply should you use services offered by a third party.

TERMS OF USE AND SALE

1. TERMS OF ACCESS TO THE WEBSITE

1.1. Access to the Website: You may have access to most areas of the website without placing an order nor submitting your information to us. Most areas of the website are accessible to all.

1.2. Acceptation of the Terms: By accessing to any area of the website, you indicate that you accept these terms of the website. If you do not accept these terms of the website, you must immediately leave the website, otherwise you will not have the possibility to order products through the website.

1.3. Condition Adjustment: We may modify these terms of the website at any time. You must regularly consult the website to review the current terms of the website since they are binding. You will be subject to the current policies and terms once you have placed an order with us.

1.4. Responsibility: You have the responsibility to take the necessary measures to have access to the website. You are also responsible to ensure that every person who accesses the website from your Internet connection is aware of the terms of the website and that they abide by them.

2. YOUR CAPACITY TO CONTRACT

By placing an order by means of the website, you indicate and guarantee that you have the legal capacity to contract and that you are 18 years old or above.

3. COMMITMENT FROM TOP MENU

In compliance with these terms and conditions, TOP MENU is committed to providing you with means to communicate your orders for Products provided by restaurants in the menus shown on the website for delivery and pickup. In that sense, we invite you to consult article 5.6 relating to the legal relationship between you, TOP MENU and the restaurants.

4. PLACING AN ORDER AND ITS PROGRESSION

4.1. The Verification of Your Order – Once you have selected the products that you wish to order from the menu of one of the restaurants that you have chosen and that you have submitted the additional information required, you will be given the opportunity to place your order by clicking or by selecting a confirmation request of your order or a similar button. It is important to verify that every piece of information that you have entered is correct and free of error before clicking or selecting the confirmation button. Once your order has been confirmed, mistakes cannot be corrected.

4.2. Modification or Cancellation of Orders – Once you have placed your order and that your payment has been authorized, you will not be able to change or cancel your order and you will not be able to obtain a refund (please refer to paragraph 4 for details about the process related to rejected orders). If you wish to change or cancel your order, you must contact the restaurant or, if you are incapable of contacting the restaurant, our customer support team will try to contact the restaurant to communicate your requests. However, there is no guarantee that we will be able to reach the restaurant and that the restaurant will accept your request since the processing of your order may have already started.

4.3. The Processing of Your Order and The Possibility of Rejection – By placing your order, we will start its process by transmitting it to the restaurant in question and we will inform you via email that your order has been received and is being processed. Please note that any confirmation page that you may see on the website or any order confirmation received by email only aims at indicating that your order has been received and is being processed by us. These documents must not be interpreted as an acceptation of your order by the restaurant. We encourage all restaurants to accept all orders and to communicate any rejected order as quickly as possible. However, restaurant have full discretion regarding the rejection of orders at any time because they are too busy, due to weather conditions or for any other reason that they judge sufficient.

4.4. Delivery and Pickup Times – Estimated delivery or pickup times of your order are provided by the restaurants and are merely estimations. Neither TOP MENU nor the restaurant in question guarantees that your order will be delivered or that it will be available for pickup in the estimated time.

5. PRICES, PAYMENTS, DISCOUNTS

5.1. Payment Authorization – If your payment is not authorized by the banking system, your order will not be placed nor communicated to the requested restaurant.

5.2. Sales Tax, Delivery and Online Payments Processing Costs – Prices of products from restaurants are shown on the website. To these prices will be added the following elements, namely: applicable sales tax, delivery costs (if you choose delivery instead of pickup) on top of online payments processing costs (if you pay for your order online).

5.3. Pricing Errors – The website contains many menus and it is possible that some of those show incorrect prices. If the real price of an order is higher than the price indicated on the website, we must normally communicate with you before the order is transmitted to the restaurant. In such a case neither we nor the restaurant in question have the obligation to provide the order at the incorrect price nor to compensate for any pricing error.

5.4. Payment Method – Payment related to order must be made with an accepted credit or debit card by means of the website or in cash at the restaurant or at the time of delivery.

5.5. Payments by Card – If you pay by credit or debit card, you will be required to show the card to the deliverer from the restaurant at the time of the delivery as proof of identification and to allow us to verify that the card is compatible with the payment information received for the order. Please note that there may sometimes be delays in the processing of payments by cards and in transactions. This situation may cause a delay in the appearance of your transaction on your bank statement or it being debited from your account. It may take up to 60 days before the transaction is deducted from your account or invoiced to your bank statement.

5.6. Credit and Discount Coupon – A credit or a discount may be applied to your order if you use a promotional coupon or code recognized by the website and by TOP MENU and you only pay the balance with you credit or debit card. Please refer to the terms and conditions for discount coupons to know all the terms and conditions applicable to the use of credits and discount coupons. However, due to standardized banking procedures, your bank or your card issuer may initially charge the entire amount of the invoice to your account (prior to any credit or discount) for a period ranging from between five business days (and up to 30 days according to the bank or the card issuer). This amount will therefore be unavailable on your account for this period. The credit or discount will be applied once your bank or card issuer carries out the fund transfer. At that moment the credits or the amount of the discounts will be debited to your account balance by your bank or card issuer. You hereby acknowledge that neither the restaurant in question nor TOP MENU is responsible towards you for any delay due to your bank or card issuer in the application of a credit or discount to your account.

5.7. Rejected Orders: Due to common banking procedures, once you have placed an order and that you pay by credit or debit card and that your payment has been authorized, your financial institution or card issuer will « freeze » the full amount of the order. If your order is later rejected by the restaurant or cancelled for any other reason, your financial institution or the card issuer will not transfer you the funds related to the order and will rather free up the amount corresponding on your available balance account. However, this may take up to 5 business days (and in some cases up to 30 days, depending on your financial institution or card issuer). You acknowledge that neither TOP MENU nor the restaurant in question is responsible towards you with respect to this delay imposed by your financial institution or card issuer regarding the freeing up of funds towards your account.

6. CUSTOMER SERVICE

If you have any problem with an order placed on the Website, we recommend that you first try to directly contact the restaurant to discuss the situation. Our experience shows us that it is the most efficient way to solve problems. However, the satisfaction of our customers is of upmost importance to us. Therefore, as described in these terms and conditions, our customer service team will try to help you whenever possible when it comes to the availability of resources if you have problems contacting or solving an issue directly with the restaurant in question. You can contact our customer service team by clicking HELP or a similar button or by calling our telephone number as shown on the Website at paragraph 13.

6.1. Issues Related to Orders: If your order takes longer to reach you than originally indicated or if you have any other issue regarding your order and that you are incapable of solving it directly with the restaurant, you can contact our customer service team. A representant of our customer service team will try to contact the restaurant to help you with your requests.

6.2. Modification or Cancellation of Orders: If you wish to modify or cancel your order after it has been placed and the payment has been authorized and that you are incapable of reaching the restaurant you can contact our customer service team and we will attempt to contact the restaurant to communicate your requests. However, there is no guarantee that we will be able to reach the restaurant and that the restaurant will consent to your request since they may have already started processing your order.

6.3. Complaints and Comments: If you are unsatisfied with the quality of a product or a service provided by a restaurant, we recommend that you provide us with feedback in the form of notes, comments or reviews on the Website (collectively called: « Reviews ») to describe your experience. The Reviews are an important part of our quality control policy. We therefore invite you to share them with us as often as possible.

6.4. Refund Policy: If you are unsatisfied with your order, please contact the customer service at 514 989 1233. We will be pleased to resolve the situation for you, including the possibility of an immediate partial or complete refund of your order.

6.5. Allergies, Food Information and Other Information Included in Menus: We use any means at our disposition to transcribe the information related to the name, description, price, special offers, temperature and allergies and other relevant information (the information from the menu) from the menus that are provide to us by the restaurants listed on the Website. However, restaurants have the responsibility to provide information about the menu and to ensure that they are factual and updated. WE DON’T OFFER ANY GUARANTEE IN THIS REGARD. If you have any doubts regarding an allergy notice, the content of a dish or any other information included in a menu, you must confirm directly with the restaurant in question before placing the order.

6.6. Actions and Omissions by Restaurants: The contract with respect to the supply and purchase of products is between you and the restaurant at which you place an order. We do not have any control over the actions or omissions of any restaurant. Without limiting the generality of the preceding, you acknowledge and accept the following elements by consulting the Website.

6.7. No Guarantee – We do not provide any guarantee regarding whether or not you will be satisfied with the quality of the products ordered from a given restaurant by means of the Website and that your expectations will be met.

6.8. Estimation of Delivery and Pickup Times – The estimated delivery and pickup times are provided directly by the restaurants and only represent estimations. Neither TOP MENU nor the restaurants guarantee that the orders will be delivered or that they will be available for pickup within the estimated time.

6.9. Rejections of an Order – We encourage all listed restaurants to accept all orders and to communicate any rejection immediately and we will inform you (normally by email) as soon as reasonably possible if the restaurant rejects your order. However, we do not guarantee that restaurants will accept all orders and restaurants can, with full discretion, reject orders at any time because they are too busy, due to weather conditions or for any other reason.

6.10. Other Recourses – The preceding disclaimers do not affect in any way the recourses that may otherwise be available to you against restaurants.

7. YOUR GENERAL DUTIES AS A USER

7.1. User Registration – When you register as a user on our Website, you must provide accurate, complete and updated personal information and regularly update your registration details in order for them to be exact, complete and updated at all time. Otherwise, we reserve the right to suspend or cancel your subscription and to prohibit your access to the Website and to the services offered, immediately or in the future.

7.2. Legal Compliance – Besides having to respect all terms of use provided in this document, you must comply with any current law or regulation in the country from which you consult the Website as well as the specific regulations applicable to the services that you may use. It is also forbidden to use the Website in a way that violates the laws and regulations of Canada or of the country from which you consult the Website or violates the Terms of use of the Website.

7.3. Accessibility – Making the Website accessible to the greatest number of people represents a priority for TOP MENU. The Content of the Website is designed to favor customer autonomy and uses various technologies. Moreover, you have the responsibility to ensure that everyone who accesses the Website by means of your computer or your Internet access is aware of these terms and conditions and that they accept to comply with them.

7.4. Responsibility Regarding Transmitted Data – You are responsible for the data that you transmit from your computer. You will be held liable for any damage caused to our Website by you or by any other person using your name and your password to harm TOP MENU. Never give your password to anyone.

7.5. Personal Use – The Content is intended for personal use. It may not be reproduced, distributed, transmitted, viewed, published or broadcasted for any other purpose without prior written consent from TOP MENU. If you are a representative of the media, please ask for our authorization prior to publishing any communication or reproduction of our online material.

8. ACCESS TO SERVICES

8.1. Availability of the Website: Although we normally strive to guarantee a 24-hour availability of the website, we do not make a commitment and cannot be held responsible towards you if the website is unavailable at some point for any given time.

8.2. Suspension of Access: The access to the website may at any time be temporarily suspended without prior notice.

8.3. Data Safety: Data transmission on the Internet is not entirely safe. Although we have taken the legally required measures to protect your data, we cannot guarantee the safety of the data that you transmit towards the website. Every transmission is made at your own risk.

9. USER BEHAVIOR

9.1. Prohibited Use – When you consult the website, you accept not to display, publish, transmit or communicate messages that could harm TOP MENU or its activities. Moreover, you must not prevent nor try to prevent other Internet users to use this website or its services nor to harm the running of the website and its services.

9.2. Prohibited Commercial Use – With the exception of TOP MENU, no Content may be used by users for a commercial purpose, namely, without limiting the preceding: merchandise sale or service delivery in any way, shape or form. You must obtain prior written consent from TOP MENU before making any commercial offer whether it be by way of advertisement, solicitation, links or any other form of communication. TOP MENU will investigate and will take any appropriate legal measure against whomever will violate this clause.

9.3. Indemnity of TOP MENU – By using this website, you accept to indemnify TOP MENU, its senior executives, managers, members, employees, volunteers, agents and representants and to hold them harmless of any damage or expenses, including legal fees which derive from your use of the Website. Moreover, you accept to free TOP MENU and its senior executives, managers, members, employees, volunteers, agents and representants of all debt, obligation or loss (direct or indirect), expenses or fees of any sort that you may claim against them and which result from your connection to the website or from any other dispute due to the use of ideas or related elements submitted to TOP MENU.

9.4. Moreover, you hereby make a commitment to free TOP MENU of any complaint and to indemnify TOP MENU, its senior executives, managers, members, employees, volunteers, agents and representants of any complaint, action, damage or other claim, including reasonable legal fees (including fees and expenses resulting from any dispute between you and us) initiated by any third party originating from:

9.4.1. The documentation that you have submitted, displayed or communicated by means of our Website or the services which it offers.

9.4.2. Your use of the Website or of the service which it offers.

9.4.3. Your connecting link to the Website or to the services which it offers.

9.4.4. Your failure to abide by the obligations as stated in these Terms of Use.

9.4.5. Any violation of the law or infringement upon the rights of the third parties.

9.4.6. You hence waive the invocation of any law susceptible to limit the reach of such dispositions.

10. INTELLECTUAL PROPERTY

10.1. Copyrights – 9060-0461 QUÉBEC INC owns the copyrights of the TOP MENU brand as well as of other content on the Website and its designs, its structure and its compilation (known as « look and feel » – appearance and features) (thereafter called: « Content »). Unless otherwise stated, the copyrights law protects the whole Content.

10.2. Content Provided by Restaurants – A large portion of the Content is made available by restaurants that have contributed to the Content by transmitting material and is subject to the terms of the licenses to which they are related.

10.3. Logos and Trademarks – The logos of TOP MENU and all the other brands of TOP MENU belong to 9060-0461 QUÉBEC INC. and are internationally registered trademarks and are protected by the current Canadian legislation. It is forbidden to use any trademark, or any other protected work available on the Website for any purpose whatsoever other than the purpose for which it was made available by TOP MENU. It is illegal to falsely represent yourself in any way as being endorsed, sponsored, backed by or affiliated to TOP MENU or one of its providers. Finally, it is against the law to defame or to slander TOP MENU, its trademarks or its service or any aspect of its Website.

10.4. All other trademarks, products, services, corporate names and logos that appear on the Website belong to their owners. It is forbidden to use them, to display them or to expose them without the authorization of said owners. Moreover, specific references to these other trademarks, products, services, corporate names and logos, which appear on our Website, do not constitute an endorsement, a recommendation or an opinion of TOP MENU, which merely acts as an intermediary between the user and these businesses.

10.5. Access to and Interference with Intellectual Property – You accept and acknowledge that the whole Content is protected by current copyrights laws in Canada, the United-States, in Europe and elsewhere, trademark and copyrights and said rights are applicable and guaranteed in all possible forms and in all existing technologies and media that are in development or that may exist in the future.

It is forbidden to copy, modify, delete, enhance, publish, transmit, create derivative works, create or sell derivative merchandise based on our Content or exploit in any way our Content, as a whole or in parts.

10.6. Counterfeiting Notice – TOP MENU respects the copyrights of others and we ask you to do so as well. If you have reasonable motives that allow you to believe that your work has been copied or that it is being exploited on the Website in a way that infringes upon your copyrights, please inform TOP MENU by providing the following information:

  • The written or electronic signature of the person authorized to represent the owner of these rights or their certificate of identity, if possible.
  • A description of the work whose copyrights have, in your opinion, not been respected.
  • The specific location on the Website of the element which, in your opinion, infringes upon your rights.
  • Your address, telephone number and email address.
  • A statement that you have motives, which are based in good faith, to believe that the contested use is not authorized by the copyrights owner, its proxy or the laws.
  • The said statement is sworn (as prescribed by the applicable law), to the effect that the information mentioned in your notice is exact and that you are the owner of these copyrights or that you are authorized to act on behalf of the owner.

11. WARRANTY DISCLAIMER FOR USERS

By using the website, you specifically acknowledge and accept that:

11.1. The Hyperlinks Policy of TOP MENU – This Website may contain links to external Websites over which TOP MENU has no control (« External Websites »). TOP MENU does not endorse nor is it responsible for any content, advertisement, products, services or other elements presented or available on these External Websites. The same rule applies to External Websites that contain links to the Website of TOP MENU. The hyperlinks policy of TOP MENU applies to all these hyperlinks.

11.2. Downloads – If you download or obtain documentation from the Website, you do so at your discretion and at your own risk and you are solely responsible for the damages that may be caused to your computer system or by the loss of data resulting from the download or the obtention of a given document. You alone are responsible for all fees related to service, repairing or correction (these fees are in no way imputable to us, our affiliated businesses, their providers or license holders)

11.3. Exclusion of Terms by Reference – No service, advice or information, oral or written, that you obtain from TOP MENU, by or through our Website, may constitute a guarantee that is not specifically stated in these Terms and Conditions. Moreover, we provide you with an access to the Website and to the service insofar as this access is permitted by law. We exclude any representation, guarantee, condition, commitment or any other term in relation with the Website and the service (including any representation, guarantee, condition or commitment and any other term that may otherwise apply to the service or that may by inserted or incorporated by reference in the terms and conditions, by law or otherwise).

12. LIMITATION OF LIABILITY

12.1. Exemption from Damages – We will not be held responsible for direct or indirect damages resulting from the use or the misuse of the Website. We cannot, in any case, be responsible for the fees related to the purchase of goods or alternative services, the purchase or the reception of goods or services, the reception of messages or the transactions carried out from the Website or resulting from an unauthorized access or the modification of your transmission of data, including but not limited to, punitive or compensatory damages for loss of profits, the use of data or anything non-material even if we have previously been notified of the possibility of such damages.

12.2. Limitation of Liability – Without limiting the generality of the preceding, in no case may the total amount of our liability (and that of our subsidiary, affiliated companies, sponsors or license holders) towards you for any damage or loss of a contractual or extracontractual origin exceed $100 CAD. If you are not satisfied with certain elements of the Website or the Terms of Use, your only recourse consists in not consulting the Website anymore.

13. FURTHER CONDITIONS

By using the Website, you acknowledge:

  • These Terms and Conditions are reasonable and necessary for the protection of the legitimate interests of TOP MENU.
  • If one of the clauses of the Terms and Conditions is subject to a legal notice of invalidity or opposability, as pronounced by a competent common law court, the parties nevertheless agree that the court must attempt to give full effect to the intentions of the parties as expressed in said clause and that the other clauses maintain full force and effect.
  • That monetary damages may be insufficient to rectify a defect in these Terms and Conditions and that incidentally these will be susceptible to performance in kind and TOP MENU will have the right to resort to a court of competent jurisdiction to obtain an order of injunction to uphold the clauses, without prejudice to its other rights and recourses, since it is understood that recourses for monetary damages would be aimed at a compensation for damages already inflicted while an injunction request would rather aim at preventing this violation to take place in the future.
  • That no renunciation by the Company to its rights and recourses in accordance with these Terms and Conditions may be opposed to it except if this renunciation is documented in writing, signed by one of its representant dully authorized for this purpose.
  • Any legal claim originating from the use of the Website or from these Terms and conditions must be filed at the latest one (1) year from the date at which the cause for the action took place. It will otherwise be deemed void.

14. CURRENT LAW AND DISPUTE SETTLEMENTS

The Website of TOP MENU is exploited from Montreal. Any legal issue deriving from or related to your use of the Website as well as issues related to these clauses will be interpreted in accordance with the current legislation in Quebec and in Canada. Courts in Montreal (Quebec), Canada, have exclusive competence to rule over any dispute resulting from or related to these Terms and Conditions, or to your use of the Website. By using the Website, you fully acknowledge the competence of the Courts of the province of Quebec for any potential dispute.

The contact details of the representant of TOP MENU in charge of copyright claims are:

Any information request regarding the Terms and Conditions must be addressed to TOP MENU whose address is shown further down below.

15. INFRINGEMENT UPON THE TERMS AND CONDITIONS

In the event of the infringement of any user upon the Terms and Condition or any other right of TOP MENU, TOP MENU reserves the right to resort to any legal action against any illegal User. Should you witness any infringement upon those Terms and Conditions, please inform us at: contact@topmenu.com

16. CONTENT AND USER REVIEWS

16.1. General Clauses

16.1.1. Apart from personal information, which is covered by virtue of our Privacy Policy, any content that you display, transmit or upload to the website (including, among other things, reviews) (« user content ») will be considered nonconfidential and nonexclusive. By displaying, downloading or transmitting any user content, you guarantee and state that you are the holder of the user content, or that you control the necessary copy and moral rights thereof, including, among others, all the other necessary rights allowing you to provide, display, download, enter or submit the content of the user on our website or towards it. Moreover, you hereby grant TOP MENU a nonexclusive license that is exempt from fees, that is transferable and irrevocable and allows to use, to delete, to reproduce, to modify, to copy, to adapt, to publish, to translate, to display, to transmit, to display or to use in other ways the user content, or to create derivative works from it, in whole or in parts, anywhere in the world and in any way and by any media known today or that may developed in the future. If we ask you to, you will produce a statement of renunciation in favor of TOP MENU with respect to any moral right surrounding the user content that is owned by a third party who is the owner of such user content.

16.1.2. You state and guarantee that any user content that you display, download or transmit does not violate or will not violate any kind of restriction stated in the paragraph 9.2.

16.2. User content policy: It is forbidden to display, download or to transmit to or from the website any user content (including the reviews) that:

16.2.1. Violates any regulation or municipal, provincial, national or international law.

16.2.2. Is illegal or fraudulent.

16.2.3. Constitutes unauthorized advertisement.

16.2.4. Contains computer viruses or any other malware.

16.3. User review policy: Any review that you submit by means of the website must not:

16.3.1. Contain any defamatory, offensive or obscene material.

16.3.2. Promote violence or discrimination.

16.3.3. Violate someone else’s copyrights.

16.3.4. Violate the legal obligation of a third party (such as a duty of confidentiality).

16.3.5. Promote illegal activities or invade someone else’s privacy.

16.3.6. Give the impressions that it comes from TOP MENU.

16.3.7. Be used pose as someone else or to falsely represent your association with another person.

16.4. Deletion of Reviews: The forbidden actions stated in the paragraphs 9.2 and 9.3 above are not exhaustive. We reserve the right (but we do not commit to it, unless required by law) to delete or modify at all time and to our sole discretion any review or user content whether it be displayed, downloaded, transmitted on the website and which, in our view, violates an interdiction stipulated in the paragraphs 9.2 or 9.3 above, is otherwise reprehensible or may expose us or a third party to an injustice or a liability of any sort, or for any other reason.

16.5. Use of Reviews: Reviews and any other visible user content on the website are available for information purposes only and do not represent our opinion. Reviews and user content represent the opinion of customers who have placed an order by means of the website or a third party. Any statement, opinion or notice posted by such persons belongs to them entirely. Incidentally, to the extent that it is allowed by the law, we do not assume any responsibility towards anyone, whether it be for a review or another type of user content, including, among others, any error or defamation.

16.6. Liability: You accept to indemnify us against any damage, loss and claim (and all the costs associated) that we incur and coming from a restaurant or any other third party following the publication of any review or user content that you provide and that violates a statement, guarantee, agreement or restriction stated in this article 9.

16.7. Disclosure to Authorities and Courts: You acknowledge that you fully cooperate with any competent authority that asks or orders us to reveal the identity or the location of any person who posts reviews or any other type of user content that violates paragraphs 9.2 or 9.3, or any other applicable restriction. You clear us to the full extent of the law of any liability related to such a disclosure.

17. LIABILITY

17.1. General Clauses: Nothing in the terms of the website excludes nor limits our liability in case of death or injuries caused by negligence, or fraudulent statements, or any other liability which cannot be excluded or limited in accordance with applicable laws. Nothing in these terms of the website impacts your legal rights.

17.2. Liability Disclaimer: Conditional to modality 12.1, we would not in any case be held responsible towards you, whether it be by contract, injustice (including negligence), violation of a legal duty or otherwise, even if it is predictable, in relation with the service or the website or originating from them (including the use, the inability to use or the results of using the service or the website) for:

17.2.1. Any loss of profits, sales, turnover or income.

17.2.2. The loss or corruption of data, information or a software.

17.2.3. The loss of business opportunities.

17.2.4. The loss of expected savings.

17.2.5. The loss of customers.

17.2.6. Any indirect or consecutive loss.

17.3. Liability Limitation: Conditional to modalities 11, 12.1 and 12.2, our entire liability towards you with respect to any other loss arising from the service or the website or related with them, whether it be by contract, injustice (including negligence), violation of a legal duty or otherwise, cannot under any circumstances exceed twice the value of your order or $100 CAD, the smallest of these two amounts being the one to prevail.

17.4. Additional Costs: You assume full responsibility for any additional or related cost that you may have to bear in relation with the use of the website or as a result of this use, including, among other things, the costs related to maintenance, repairing or adaptation of equipment, a software or data that you may own, lease, concede as a license or use otherwise.

17.5. Indemnity: You consent to defend, to indemnify and to release TOP MENU, its licensors and their respective affiliated companies, and each of their directors, senior executives, agents, entrepreneurs, partners, representants and employees, of any liability for any damage, loss, liability, real or potential complaint, cost or expense, including reasonable legal fees arising from your violation of these terms of the website or any other law or the rights of a third party regarding the website, or in relation with such a violation. TOP MENU reserves the right, at its own expenses, to assume the defense and the exclusive control of any issue that is otherwise subject to indemnity by you in accordance with these terms, and you must collaborate fully, as reasonably requested by TOP MENU.

18 EVENTS BEYOND OUR CONTROL

We cannot be held liable for any failure to fulfill one of our obligations, or for the delay of its fulfillment, in accordance with these terms of the website, that would be caused by events beyond our reasonable control (« event of force majeure »).

18.2. An event of force majeure includes any act, event, absence of event, omission or accident that is beyond our reasonable control and includes, in particular (among others), the following elements:

18.2.1. A strike, a lock-out or any other industrial action.

18.2.2. Civil turmoil, a riot, an invasion, a terrorist attack or a threat of terrorist attack, a war (declared or not) or the threat or the preparation of a war.

18.2.3. A fire, an explosion, a storm, an inundation, an earthquake, a land subsidence, an epidemic or any other natural disaster.

18.2.4. The impossibility to use railroads, boats, planes, motorized transport or any other public or private means of transportation.

18.2.5. The impossibility to use private or public telecommunication networks.

18.2.6. Any act, decree, law, regulation or any other restriction imposed by a government.

18.3. The fulfillment of our obligations in accordance with these terms of the website is assumed to be suspended during the period in which the event of force majeure takes place, and we will benefit from a prolongation of the delay for the fulfillment of the obligations corresponding to the length of this period. We will use all reasonable means to find a solution through which our contractual obligations, in accordance with these terms of the website, will be fulfilled despite the event of force majeure.