Terms and Conditions

Last Updated: November 15, 2023

Welcome to Firehouse Sandwiches. These Terms and Conditions ("Terms") govern your access to and use of the Firehouse Sandwiches website at firehousesandwiches.ca (the "Site") and all related services, including online ordering, delivery, and pickup services (collectively, the "Services").

Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any Services.

1. Acceptance of Terms

By using our Site or Services, you represent and warrant that:

• You are at least 18 years of age, or you are accessing the Site under the supervision of a parent or legal guardian;
• You have the legal capacity and authority to enter into a binding agreement;
• You will use the Site and Services in accordance with these Terms;
• You will only use the Site and Services for lawful purposes; and
• Your use of the Site and Services will not violate any applicable law or regulation.

If you are using the Site or Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. User Accounts

2.1 Account Creation

To access certain features of the Site or to place orders, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

2.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason.

3. Ordering and Payment

3.1 Placing Orders

When you place an order through our Site, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems with your payment method.

3.2 Prices and Payment

All prices displayed on the Site are in Canadian dollars (CAD) and do not include applicable taxes or delivery fees, which will be added at checkout. We reserve the right to change prices at any time without notice.

Payment for all orders must be made at the time of placing the order. We accept various payment methods as indicated on the Site. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.

3.3 Delivery and Pickup

Delivery times are estimates only and are not guaranteed. Actual delivery times may vary due to factors beyond our control, such as weather, traffic, or high order volume. We are not liable for any delays in delivery.

For pickup orders, it is your responsibility to collect your order from the designated location within the specified timeframe. Uncollected orders may be disposed of, and no refund will be provided.

4. Product Information

4.1 Product Descriptions

We strive to provide accurate descriptions of our products. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

4.2 Allergens and Dietary Information

While we provide information about allergens and dietary content of our products, we cannot guarantee that our products are free from allergens or meet specific dietary requirements. If you have allergies, food sensitivities, or dietary restrictions, please contact us directly before placing an order.

4.3 Product Availability

All products offered on the Site are subject to availability. We reserve the right to discontinue any product at any time and to limit the quantity of any product that you order.

5. Intellectual Property

5.1 Site Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Firehouse Sandwiches, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Site or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 Trademarks

The Firehouse Sandwiches name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Firehouse Sandwiches or its affiliates or licensors. You may not use such marks without our prior written permission.

6. User Content

6.1 Submission of Content

Any content you submit to the Site, including but not limited to reviews, comments, suggestions, ideas, or feedback ("User Content"), will be considered non-confidential and non-proprietary. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

6.2 Content Standards

You agree that User Content will not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

7. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, provincial, local, or international law or regulation;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate Firehouse Sandwiches, a Firehouse Sandwiches employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Firehouse Sandwiches or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Site;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Site.

8. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Firehouse Sandwiches. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Firehouse Sandwiches shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIREHOUSE SANDWICHES NOR ANY PERSON ASSOCIATED WITH FIREHOUSE SANDWICHES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER FIREHOUSE SANDWICHES NOR ANYONE ASSOCIATED WITH FIREHOUSE SANDWICHES REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FIREHOUSE SANDWICHES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

IN NO EVENT WILL FIREHOUSE SANDWICHES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Firehouse Sandwiches, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site or Services shall be instituted exclusively in the courts of the Province of British Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Waiver and Severability

No waiver by Firehouse Sandwiches of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Firehouse Sandwiches to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Firehouse Sandwiches regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. The most current version of these Terms will be posted on the Site. If a revision, in our sole discretion, is material, we will notify you through the Site or via email. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of the revised Terms.

16. Contact Information