1. Introduction

Welcome to Swiss Chalet. These Terms & Conditions govern your use of the Swiss Chalet website (swischaletc.com), mobile application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree with any part of these terms, please do not use our Services.

2. Definitions

Throughout these Terms & Conditions, the following terms shall have the meanings assigned to them below:

  • "Swiss Chalet," "we," "our," or "us" refers to Swiss Chalet, its subsidiaries, affiliates, and authorized representatives.
  • "You" or "your" refers to the user or viewer of our Services.
  • "Content" refers to all text, images, audio, video, and other materials displayed on or through our Services.
  • "Order" refers to a request placed through our Services for the purchase and delivery or pickup of food items.
  • "Account" refers to a registered user account on our Services.

3. 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 must immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be liable for any losses or damages arising from your failure to maintain the security of your Account credentials.

We reserve the right to suspend or terminate your Account at our discretion, without notice, if we believe that you have violated these Terms & Conditions or if your use of the Services poses a risk to Swiss Chalet or other users.

4. Ordering and Payment

4.1 Placing Orders

When placing an Order through our Services, you are making an offer to purchase the items you have selected. We reserve the right to accept or reject your Order for any reason, including but not limited to:

  • Item availability
  • Errors in the description or pricing of items
  • Errors in your Order
  • Delivery area limitations

We will confirm acceptance of your Order via email or through the Services. A contract for the purchase of items is formed only when we accept your Order.

4.2 Accuracy of Information

You are responsible for providing accurate and complete information when placing an Order, including delivery address, contact information, and any special instructions. We are not responsible for delays or errors in fulfilling Orders due to inaccurate or incomplete information provided by you.

4.3 Pricing and Payment

All prices displayed on our Services are in Canadian dollars (CAD) and are inclusive of applicable taxes unless otherwise stated. Delivery fees, if applicable, will be displayed before you complete your Order.

We accept various payment methods as indicated on our Services. By providing payment information, you represent and warrant that you have the legal right to use the payment method you provide.

We reserve the right to change prices, delivery fees, and accepted payment methods at any time without prior notice.

4.4 Order Cancellation

Once an Order has been accepted, you may request to cancel it by contacting our customer service. However, we cannot guarantee that we will be able to process cancellation requests, particularly if preparation or delivery of your Order has already begun.

5. Delivery and Pickup

5.1 Delivery Areas and Times

We offer delivery services within specified areas around our restaurant locations. Delivery areas may change without notice.

Estimated delivery times are provided as a general guide and are not guaranteed. Actual delivery times may vary based on factors including but not limited to traffic conditions, weather, and order volume.

5.2 Delivery Instructions

You may provide special delivery instructions when placing an Order. We will make reasonable efforts to accommodate these instructions, but we cannot guarantee compliance with all requests.

5.3 Failed Delivery

If we are unable to complete delivery of your Order because you are not available at the delivery location, have provided an incorrect address, or for any other reason within your control, we may, at our discretion:

  • Leave the Order at the delivery location;
  • Return the Order to the restaurant; or
  • Dispose of the Order

In such cases, you will still be charged for the Order, and we will not be obligated to refund or replace it.

5.4 Pickup Orders

If you select the pickup option, your Order will be available for collection at the selected restaurant location at or after the estimated pickup time. You may be required to present identification or order confirmation to collect your Order.

Orders not collected within 30 minutes after the estimated pickup time may be disposed of, and no refund will be provided.

6. Product Information and Availability

6.1 Product Descriptions

We strive to provide accurate descriptions, images, and pricing for all items available through our Services. However, we do not warrant that product descriptions or other Content on the Services are accurate, complete, reliable, current, or error-free.

6.2 Allergen Information

While we make efforts to identify ingredients that may cause allergic reactions, we cannot guarantee that any item is free from allergens. If you have food allergies or dietary restrictions, please contact the restaurant directly before placing an Order.

6.3 Availability

Menu items are subject to availability. We reserve the right to limit the quantities of any items ordered and to discontinue items without notice.

If an item you have ordered is unavailable, we may contact you to offer a substitute item or a refund for that item.

7. Intellectual Property

7.1 Ownership

The Services and all Content therein, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Swiss Chalet or its content suppliers and are protected by international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of the Services or Content;
  • The collection and use of any product listings, descriptions, or prices;
  • Any derivative use of the Services or Content;
  • Any downloading or copying of account information for the benefit of another merchant; or
  • Any use of data mining, robots, or similar data gathering and extraction tools.

7.3 Trademarks

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

8. User Conduct

When using our Services, you agree not to:

  • Violate any applicable law, regulation, or these Terms & Conditions;
  • Use the Services for any illegal or unauthorized purpose;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services;
  • Use any robot, spider, or other automatic device or manual process to monitor or copy any part of the Services;
  • Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Collect or store personal data about other users without their consent;
  • Engage in any activity that could disable, overburden, damage, or impair the Services;
  • Use the Services in any manner that could interfere with other users' enjoyment of the Services.

9. User-Generated Content

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

By posting User Content, you grant Swiss Chalet a 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 User Content throughout the world in any media.

You represent and warrant that:

  • You own or control all rights to the User Content you post;
  • The User Content is accurate and not misleading;
  • The User Content does not violate these Terms & Conditions and will not cause injury to any person or entity.

We reserve the right to remove any User Content at our discretion, without notice, for any reason, including if we believe that such User Content violates these Terms & Conditions or is otherwise objectionable.

10. Limitations of Liability

To the maximum extent permitted by applicable law, Swiss Chalet, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors shall not 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:

  • Your access to or use of or inability to access or use the Services;
  • Any conduct or content of any third party on the Services;
  • Any content obtained from the Services; and
  • Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for all claims arising from or related to these Terms & Conditions or your use of the Services shall be limited to the amount you have paid to Swiss Chalet for Orders placed through the Services in the six months prior to the event giving rise to the liability, or $100.00 if you have not placed any Orders.

11. Indemnification

You agree to indemnify, defend, and hold harmless Swiss Chalet, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against all 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 & Conditions;
  • Your use of the Services;
  • Your User Content; or
  • Your violation of any rights of another person or entity.

12. Dispute Resolution

12.1 Governing Law

These Terms & Conditions 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 giving effect to any principles of conflicts of law.

12.2 Arbitration

Any dispute arising out of or relating to these Terms & Conditions or your use of the Services shall be submitted to final and binding arbitration under the rules of the Canadian Arbitration Association. The arbitration shall be conducted in Toronto, Ontario, by a single arbitrator.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

13. Changes to Terms & Conditions

We reserve the right to modify these Terms & Conditions at any time. We will provide notice of any material changes by posting the updated Terms & Conditions on this page and updating the "Last Updated" date at the top.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms & Conditions. If you do not agree to the modified terms, you must stop using the Services.

14. Termination

We may, in our sole discretion and without liability to you, terminate your access to all or part of the Services, with or without notice, for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions.

Upon termination, all provisions of these Terms & Conditions which by their nature should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall continue to be in effect.

15. Miscellaneous

15.1 Entire Agreement

These Terms & Conditions, together with the Privacy Policy, constitute the entire agreement between you and Swiss Chalet regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.

15.2 Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.

If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.3 Assignment

You may not assign or transfer these Terms & Conditions, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms & Conditions at any time without notice or consent.

15.4 Contact Information

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

Swiss Chalet
645 Ellis Springs Apt. 317
Tyrashire, YT M8E8T3
Canada

Phone: +1 (832) 943-3095
Email: [email protected]