Terms and Conditions

Last Updated: May 1, 2024

Welcome to Swiss Chalet. These Terms and Conditions ('Terms') govern your use of the Swiss Chalet website (swisschalet.ca), mobile applications, 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 with any part of these Terms, you may not use our Services.

Please read these Terms carefully before using our Services. These Terms constitute a legal agreement between you and Swiss Chalet.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website or within our mobile applications. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

2. Account Registration

To access certain features of our Services, you may need to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

We reserve the right to terminate or suspend your account at any time, with or without notice, if we believe you have violated these Terms or for any other reason at our sole discretion.

3. Ordering and Payment

3.1 Ordering

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 reject your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems with your payment information.

By placing an order, you represent and warrant that:

3.2 Product Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or modify product recipes without notice. If a product becomes unavailable after you place your order, we will notify you and either offer a suitable substitute or cancel that portion of your order.

3.3 Pricing and Payment

All prices are shown in Canadian Dollars (CAD) and are inclusive of applicable taxes. Delivery fees, if applicable, will be shown separately at checkout. We reserve the right to change prices at any time without notice.

Payment must be made at the time of placing your order. We accept various payment methods as indicated on our checkout page. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge the full amount of your order, including any applicable taxes and fees.

3.4 Delivery

Delivery times provided are estimates only and are not guaranteed. Various factors may affect delivery times, including weather conditions, traffic, and order volume. We will make reasonable efforts to deliver your order within the estimated time frame.

You agree to:

We reserve the right to refuse delivery to certain locations or during extreme conditions that may pose a risk to our delivery personnel.

4. Product Information

We make reasonable efforts to ensure that the product descriptions, images, and prices on our Services are accurate. However, we do not guarantee that all information is complete, accurate, current, or error-free. In the event of an error in product pricing or description, we reserve the right to correct the error and charge the correct price or cancel your order.

Product images are for illustrative purposes only and may not exactly represent the product you receive. Actual products may vary in appearance from the images shown.

4.1 Allergen and Nutritional Information

While we make efforts to provide accurate allergen and nutritional information, we cannot guarantee that our products are free from allergens or other substances that may cause reactions in certain individuals. If you have food allergies, intolerances, or specific dietary requirements, please contact us directly before placing an order.

5. User Conduct

When using our Services, you agree not to:

6. Intellectual Property

All content included on our Services, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Swiss Chalet or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes. You may not:

7. User Content

By submitting any content (such as reviews, comments, or feedback) to our Services, you grant Swiss Chalet a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that:

We reserve the right to remove any content at our sole discretion without notice.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWISS CHALET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SWISS CHALET DOES NOT WARRANT THAT:

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWISS CHALET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWISS CHALET EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100) OR THE AMOUNT YOU PAID SWISS CHALET IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Swiss Chalet, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms 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 provisions.

Any dispute arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located within the Province of Ontario, Canada.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Swiss Chalet concerning your use of the Services.

13.2 Waiver

The failure of Swiss Chalet to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Swiss Chalet. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Swiss Chalet may freely assign or transfer these Terms without restriction.

13.4 Force Majeure

Swiss Chalet shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Swiss Chalet's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, strikes, lockouts, or other industrial disputes, civil unrest, riot, invasion, terrorism, war, fire, explosion, storm, flood, earthquake, pandemic, epidemic, or other natural disaster.

14. Contact Information

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

Swiss Chalet
54 Tom Mount, Peterfort, TN31 7BY
Canada
Email: [email protected]
Phone: +442187393882