Last Updated: May 15, 2024
Welcome to Swiss Chalet! These Terms and Conditions ("Terms") govern your use of the Swiss Chalet website (swisschaletv.com), mobile applications, and related services (collectively, the "Services"), as well as any orders you place through our Services.
Please read these Terms carefully before using our Services. By accessing or using our Services, or by placing an order through our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that:
To access certain features of our Services, including placing orders, you may be required to register for an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you have violated these Terms.
You may place orders for our products through our Services. By placing an order, you offer to purchase the products at the price and quantity indicated. All orders are subject to acceptance by us, and we reserve the right to refuse any order at our discretion.
All products are subject to availability. We reserve the right to discontinue any product or modify any product contents without notice. Prices for our products are subject to change without notice. We make every effort to ensure that prices displayed on our Services are correct, but errors may occur. If we discover an error in the price of products you have ordered, we will inform you and give you the option of continuing with your order at the correct price or canceling your order.
We accept various payment methods as indicated on our Services. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that any payment information you provide is true and accurate. You authorize us to charge your payment method for all orders placed by you.
All payments must be made in Canadian dollars. Payment processing services for our Services are provided by our authorized payment processors, and your payment information is subject to their privacy policies and terms of service.
We offer delivery and pickup options for our orders. Delivery times are estimates only and are not guaranteed. We are not liable for any delays in delivery due to circumstances beyond our control, including but not limited to weather conditions, traffic, or incorrect delivery information provided by you.
For delivery orders, you are responsible for ensuring that the delivery address is accurate and that someone is available to receive the order at the specified time. For pickup orders, you are responsible for collecting your order at the specified location and time.
Once an order is placed, it may not be possible to modify or cancel it if preparation has already begun. If you need to modify or cancel an order, please contact us as soon as possible, and we will make reasonable efforts to accommodate your request.
When using our Services, you agree not to:
The Services and all of their content, features, and functionality (including but not limited to text, graphics, logos, images, videos, audio clips, software, and the design, selection, and arrangement thereof) are owned by Swiss Chalet, 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.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. 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:
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 or licensors. You must not use such marks without the prior written permission of Swiss Chalet. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Our Services may allow you to submit reviews, comments, ratings, and other content ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, 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 any media formats and through any media channels.
You represent and warrant that:
We are not responsible or liable for any User Content posted by you or any third party. We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWISS CHALET, 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, 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.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO SWISS CHALET IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Swiss Chalet, 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, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.
These Terms and 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 giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
For any dispute you have with Swiss Chalet, you agree to first contact us and attempt to resolve the dispute informally. If Swiss Chalet has not been able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration.
The arbitration will be conducted by a single neutral arbitrator in accordance with the Arbitration Act of Ontario. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the extent arbitration is not permitted by applicable law, you agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We may terminate or suspend your access to all or part of the Services, including your account, immediately, without prior notice or liability, for any reason, 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 you may 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.
These Terms, our Privacy Policy, and any other terms and conditions referenced herein constitute the entire agreement between you and Swiss Chalet regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Swiss Chalet.
No waiver by Swiss Chalet 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 Swiss Chalet 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.
You may not assign these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.
If you have any questions or concerns about these Terms, please contact us at:
Swiss Chalet
2374 Mayert Field Suite 918
Port Jermain, NU K2A 5R4
Canada
Email: [email protected]
Phone: +1 (512) 907-8247
