Terms & Conditions

Important information about using our website and services

Introduction

Welcome to Barburrito Canada. These Terms and Conditions ("Terms") govern your use of the Barburrito website (barburrito.ca), mobile application, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Your continued use of our Services following the posting of revised Terms means you accept and agree to the changes.

These Terms were last updated on May 15, 2024.

Use of Our Services

Account Registration

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur 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 protect your account information.

Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any local, provincial, national, or international law
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
  • Attempting to scrape, mine, or gather information from our Services using automated means
  • Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
  • Uploading invalid data, viruses, worms, or other software agents through the Services
  • Collecting or harvesting any personally identifiable information from the Services
  • Using the Services for any commercial solicitation purposes without our prior written consent
  • Attempting to decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form

Ordering and Payment

Orders

When you place an order through our Services, 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.

All prices displayed on our Services are in Canadian dollars and do not include applicable taxes, which will be added at checkout. Prices are subject to change without notice.

We strive to provide accurate product and pricing information, but errors may occur. If we discover an error in the price of items you have ordered, we will inform you and give you the option of reconfirming your order at the correct price or canceling it.

Payment

We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent that you are authorized to use the payment method and that the payment information you provide is true and accurate.

You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred.

Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays that are outside of our reasonable control.

You are responsible for providing accurate delivery information. If you provide incorrect delivery information that results in non-delivery or delayed delivery, we are not responsible for refunding or re-delivering your order.

Intellectual Property Rights

The Services and their 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 Barburrito, 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.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
  • If we provide social media features with certain content, you may take such actions as are enabled by such features

You must not:

  • Modify copies of any materials from the Services
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary notices from copies of materials from the Services

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

User Content

Our Services may allow you to post, submit, publish, display, or transmit content such as reviews, ratings, comments, or other materials (collectively, "User Content").

All User Content you post to the Services must comply with these Terms. You are solely responsible for your User Content and the consequences of posting it.

By providing User Content, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with our business operations.

You represent and warrant that:

  • You own or control all rights in and to the User Content you post or have the right to grant the license granted above
  • All of your User Content does and will comply with these Terms
  • Your User Content is not false, inaccurate, or misleading
  • Your User Content does not violate any law or infringe upon the rights of any third party
  • Your User Content does not contain any material that could be considered harmful, threatening, offensive, harassing, defamatory, obscene, or otherwise objectionable

We have the right to remove any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable.

Limitation of Liability

IN NO EVENT WILL BARBURRITO, 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 SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES 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.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER BARBURRITO NOR ANY PERSON ASSOCIATED WITH BARBURRITO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

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

Indemnification

You agree to defend, indemnify, and hold harmless Barburrito, 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 Services.

Governing Law and Jurisdiction

These Terms and any disputes relating to these Terms or your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Any legal action or proceeding relating to your access to, or use of, the Services or these Terms shall be instituted in the courts of the Province of Ontario. You and Barburrito agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Waiver and Severability

No waiver by Barburrito 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 Barburrito 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.

Entire Agreement

These Terms, our Privacy Policy, and any other documents they expressly incorporate by reference constitute the entire agreement between you and Barburrito regarding your use of the Services and supersede any prior agreements between you and Barburrito relating to your use of the Services.

Contact Information

If you have any questions about these Terms, please contact us at:

Barburrito Canada

370 Robertson Loop, Josephfurt, KT24 6NU, Canada

Email: [email protected]

Phone: +440309291558