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IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions (“Website Terms”) on which we, Night Off Delivery  (“we”), provide our services through our website www.nightoffdelivery.ca. Please read these Website Terms carefully before ordering. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms without notice.

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately.

INTRODUCTION

Night Off Delivery provides a delivery service from local food establishments and select stores for a predetermined fee. Local food establishments include delivery for fast food restaurants and local restaurants that do not offer delivery in your area.

Night Off Delivery is a third party delivery company that is not affiliated in any way with the food establishments or stores that they offer delivery from.

Night Off Delivery is a company registered in Ontario, Canada with registered company number 240734517.

Night Off Delivery is licensed with the AGCO and its permit number is 72331.

Service: We are a third party delivery company that provides a way for you to place your orders (“Orders”) for food products (“Products”) for delivery from restaurants (“Restaurants”) displayed on the Website (the “Service”).

WEBSITE ACCESS AND TERMS

Website access: You may access some areas of the Website without making an Order.

Acceptance of terms: By accessing any part of the Website, you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately.

Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms. You will be subject to the policies and terms and conditions in force at the time that you place an Order.

Responsibility: You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

YOUR STATUS

By placing an Order through the Website, you warrant that:

You are legally capable of entering into binding contracts; and

You are at least 18 years old.

Alcohol deliveries cannot be placed through the website.

HOW TO PLACE AN ORDER

Orders can be placed directly to the restaurant, by phone to Night Off Delivery, by text to Night Off Delivery, by email to Night Off Delivery.

Amending or cancelling your Order: Once you have submitted your Order and the order has been produced, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you should contact us immediately by phone to do so.

Delivery of your Order: Estimated times for deliveries are provided and are only estimates and are not a guarantee that Orders will be delivered within the estimated times.

PRICES AND PAYMENT

Sales tax, delivery costs: Prices will be as quoted on some restaurant’s Websites. These prices will have applicable sales taxes, but may exclude delivery costs. Night Off Delivery may not know the cost of the delivery order until the order is physically picked up by a driver.

Incorrect pricing: if an incorrect price was quoted; proof of the price will be provided in the means of a restaurant receipt, this new price will be deemed the correct price (the restaurant receipt may not include the delivery charge which will be added)

Payment methods: Payment for Orders must be made by an accepted credit (Mastercard or Visa) or debit card, or cash. We do have mobile debit machines which are subject to $1.50 surcharge for all debit transactions. Mobile debit machines are with Bell mobility service and we cannot guarantee that they will have a signal in your area. If no signal is available, then alternate payment arrangements must be made. We do not accept online payments at this time.

CUSTOMER SERVICE

General: If you are having any problems with your Order, if placed directly with the restaurant, call the restaurant directly.

All other orders, call Night Off Delivery directly. If you have any concerns about the drivers, call Night Off Delivery directly.

Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order that you are unable to resolve directly with the Restaurant, you can contact Night Off Delivery.

Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted contact the restaurant or Night Off Delivery directly immediately. If the order has already been made changes or cancellations may not be possible.

Compensation: If you are dissatisfied with the quality of any food Products contact the Restaurant.

If you are dissatisfied with the service contact Night Off Delivery directly.

If you cannot reach the restaurant Night Off Delivery will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the Products and we are not able to provide, and have no responsibility for providing, any compensation to you on behalf of any Restaurant.

LICENCE

Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

You must not misuse the Website; and

The copyright and other intellectual property rights in the Website are owned by Night Off Delivery, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved.

Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

LINKS TO AND FROM OTHER WEBSITES

Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Linking permission: You have permission to link to the Website’s homepage (www.nightoffdelivery.ca) provided that:

You do so in a legal way which does not damage our reputation;

You do not establish a link from a website that is not owned by you; and

We have the right to cancel your linking permission at any time and for any reason.

DISCLAIMERS

Website information: While we try to ensure that information on the Website is correct, we may make changes to the material on the Website, or to the Services and prices described on it, at any time without notice. The material on the Website may be out of date, and we make an effort to keep it updated.

Allergy, dietary and other menu information: We provide menu links (“Menu Information”) from the menus that are provided by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is accurate and up-to-date. If you have questions or concerns about warnings, contents of any dish or any other Menu Information, you should contact the Restaurant directly before ordering.  We do deliver from different restaurants and cannot guarantee that there will be no cross contamination.

Food Quality: We do not take any responsibility that the food ordered from any Restaurant through the Website will be of your liking. We will however work with you and the restaurant to help resolve the situation.

Delivery Times: Estimated times for deliveries are provided, however neither we nor the Restaurants guarantee that Orders will be delivered within the estimated times. We will try to contact you to inform you of any delays.

LIABILITY

General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. The Website Terms does not affect your statutory rights.

Exclusion of liability: Use of the Website is at your own risk.

We will under no circumstances whatever be liable to you, (including negligence and even if foreseeable) arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

Any loss of profits, sales, business, or revenue;

Loss or corruption of data, information, or software; and

Any indirect or consequential loss.

Indemnity: You agree to defend, indemnify and hold harmless Night Off Delivery, its licensors and their respective affiliates, and each of their and employees, from and against any loss, liability, threatened or actual claim, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Website Terms or your violation of any law or the rights of any third party with respect to the Website or the Services. Night Off Delivery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Night Off Delivery.