Terms and Conditions
Effective Date: 1st Jan 2024
Welcome to the CBEST Online Ordering Platform (“Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the Platform provided by CBEST Solutions, Canada. (“CBEST Solutions,” “we,” “us,” or “our”). By using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.
1. Scope and Application
These Terms apply to all users of the Platform, including but not limited to individuals ordering food for pick-up and delivery from participating restaurants (“Users”). By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
2. Eligibility
To use the Platform, you must be at least 18 years old or have reached the age of majority in your jurisdiction. By accessing or using the Platform, you represent and warrant that you meet these eligibility requirements. If you are using the Platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Account Registration and Security
a. Account Creation
To place an order through the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. Account Security
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. CBEST Solutions will not be liable for any loss or damage arising from your failure to protect your account credentials.
4. Ordering and Payment
a. Placing an Order
When placing an order through the Platform, you agree to provide accurate and complete information regarding your order, including your contact details, payment information, and any special instructions. Once you submit an order, it is considered final, and you may not be able to modify or cancel it.
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b. Order Confirmation
Upon placing an order, you will receive an order confirmation via email or through the Platform. The order confirmation is an acknowledgment that we have received your order and does not constitute acceptance of your order by the restaurant. The restaurant reserves the right to refuse or cancel any order at its discretion.
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c. Payment
All payments for orders placed through the Platform must be made at the time of order submission. We accept various forms of payment, including credit cards, debit cards, and other payment methods as made available on the Platform. By providing your payment information, you represent and warrant that you are authorized to use the selected payment method.
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d. Pricing and Availability
All prices displayed on the Platform are in Canadian dollars and are subject to applicable taxes. Prices and availability of menu items may vary depending on the restaurant and are subject to change without notice. We make every effort to ensure that the information on the Platform is accurate; however, errors and inaccuracies may occur. In the event of a pricing error, we reserve the right to cancel or refuse any order based on incorrect pricing.
5. Pick-Up Orders
a. Pick-Up
The Platform is designed for placing food orders for pick-up. We do not offer delivery services directly through the Platform. By placing an order, you agree to pick up your order at the designated restaurant location at the time specified in your order confirmation.
b. Delivery by Restaurant or Third-Party Service
If you choose to have your order delivered, please note that delivery services are fulfilled by the restaurant's own drivers or a third-party delivery service. CBEST Solutions does not manage or take responsibility for delivery services. Any issues related to delivery, including but not limited to delivery time, condition of the food upon arrival, or interactions with delivery personnel, must be addressed directly with the restaurant or third-party delivery service.
c. Order Pick-Up
You are responsible for ensuring that you arrive at the restaurant to pick up your order at the specified time. Restaurants are not obligated to hold orders beyond the specified pick-up time. If you fail to pick up your order on time, the restaurant may dispose of the order without issuing a refund.
d. Order Accuracy
Upon pick-up, it is your responsibility to review the order for accuracy. If there is an issue with your order, please bring it to the attention of the restaurant staff immediately.
6. Use of the Platform
a. License to Use
Subject to your compliance with these Terms, CBEST Solutions grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for the purpose of placing food orders for pick-up and delivery. You agree not to use the Platform for any unlawful purpose or in any way that could harm CBEST Solutions, participating restaurants, or other Users.
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b. Prohibited Conduct
You agree not to:
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Use the Platform to post, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, or harmful.
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Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available.
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Attempt to gain unauthorized access to the Platform, other accounts, or systems connected to the Platform.
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Use any automated means, such as bots, scrapers, or spiders, to access or use the Platform.
7. Intellectual Property
a. Ownership
All content, including but not limited to text, graphics, logos, images, and software, available on the Platform is the property of CBEST Solutions or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works based on any content from the Platform without our prior written consent.
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b. Trademarks
The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Platform are registered and unregistered Trademarks of CBEST Solutions and others. You are not granted any license or right to use any Trademarks without the prior written consent of the Trademark owner.
8. Privacy
Your use of the Platform is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Platform, you consent to the practices described in the Privacy Policy.
9. Disclaimers and Limitation of Liability
a. Device Compatibility Disclaimer
The CBEST Solutions Online Ordering Platform is optimized for use on modern devices and may not function properly on older or outdated hardware, such as legacy Apple products like the iPhone 5 or older Android devices. To ensure the best ordering experience, we recommend using the Platform on newer devices with up-to-date operating systems and web browsers. CBEST Solutions is not responsible for any issues related to performance or functionality when accessing the Platform on older or unsupported devices.
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b. No Warranties
The Platform is provided on an "as is" and "as available" basis, without any warranties or conditions, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CBEST Solutions does not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components.
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c. Limitation of Liability
To the maximum extent permitted by applicable law, CBEST Solutions shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless CBEST Solutions, its affiliates, and their respective directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of another.
11. Termination
a. Termination by CBEST Solutions
CBEST Solutions reserves the right to terminate or suspend your access to the Platform, with or without notice, for any reason, including but not limited to your violation of these Terms or any applicable laws. Upon termination, your right to use the Platform will immediately cease.
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b. Termination by You
You may terminate your account at any time by contacting us at [Insert Contact Information]. Upon termination, you must cease all use of the Platform.
12. Modifications to the Platform and Terms
a. Platform Changes
We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
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b. Changes to the Terms
CBEST Solutions may revise these Terms from time to time by updating this page. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms regularly to stay informed of any updates.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of the Platform shall be resolved exclusively in the courts of the Province of Ontario. You hereby consent to the jurisdiction of such courts and waive any objections to the venue.
14. Miscellaneous
a. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and CBEST Solutions regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
b. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
c. Waiver
The failure of CBEST Solutions to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
d. Assignment
You may not assign or transfer any rights or obligations under these Terms without the prior written consent of CBEST Solutions. CBEST Solutions may assign or transfer its rights and obligations under these Terms without restriction.
15. Contact Us
If you have any questions, comments, or concerns about these Terms or the Platform, please contact us at:
CBEST Solutions, Canada
Email: hello@cbest.ca
Phone: +1 877-270-5585
Mail: 51 Breithaupt St #100, Kitchener, ON N2H 5G5
Last Updated: 1st Jan 2024