Terms of Service

1. Introduction and Acceptance of Terms

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Swiss Chalet ("we," "us," "our," "Company") regarding your use of our website (swisschaletzz.com), mobile application, and food delivery services (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from receiving services under applicable laws
• Provide accurate and truthful information
• Maintain the security of your account credentials

1.3 Account Responsibility

You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services after any such changes constitutes your acceptance of the modified Terms. We recommend reviewing these Terms periodically.

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Company," "we," "us," "our": Swiss Chalet and its affiliates, subsidiaries, and authorized representatives
• "User," "you," "your": Any individual or entity accessing or using our Services
• "Services": All products, services, features, and functionality offered through our website, mobile application, and delivery platform
• "Content": All text, graphics, images, music, software, audio, video, information, and other materials available through our Services
• "Website": Our website located at swisschaletzz.com and all associated pages and subdomains
• "Order": A request for food products submitted through our Services
• "Delivery Zone": Geographic areas where we provide delivery services

3. Use of Services

3.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes. You may:

• Browse our menu and place orders for food delivery
• Create and maintain a user account
• Access promotional offers and loyalty programs
• Contact customer service for support
• Provide feedback and reviews about our services

3.2 Prohibited Use

You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Specifically, you may not:

• Violate any applicable laws, regulations, or third-party rights
• Use automated systems (bots, scrapers) to access our Services
• Attempt to gain unauthorized access to our systems or networks
• Upload or transmit viruses, malware, or other harmful code
• Interfere with or disrupt our Services or servers
• Impersonate any person or entity or provide false information
• Engage in fraudulent activities or payment chargebacks
• Harvest or collect user information without consent
• Use our Services for commercial resale purposes
• Post inappropriate, offensive, or harmful content

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing accurate, complete, and current information. You agree to update your information promptly to maintain accuracy.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Use strong passwords and do not share your login information with others.

4.3 One Account Per Person

Each individual may maintain only one active account. Creating multiple accounts to circumvent restrictions or abuse promotions is prohibited.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or other reasonable cause. You may also delete your account at any time by contacting customer service.

5. Products and Services - Food Service Specific Terms

5.1 Menu and Product Descriptions

We strive to provide accurate descriptions, images, and pricing for all food items. However, we reserve the right to correct errors and update information without notice. Actual products may vary slightly from images due to natural variations in food preparation.

5.2 Food Safety and Hygiene Standards

All food preparation follows local health department guidelines and food safety regulations. Our kitchen staff maintains proper hygiene and temperature control standards. We comply with all applicable food service licensing requirements.

5.3 Allergen Information and Disclaimer

Important Allergen Notice: Our kitchen handles common allergens including wheat, dairy, eggs, soy, nuts, and seafood. While we take precautions to prevent cross-contamination, we cannot guarantee that any item is completely allergen-free. Customers with food allergies should exercise caution and consult with our staff before ordering.

5.4 Pricing and Availability

All prices are subject to change without notice. Menu items may become unavailable due to supply constraints or operational decisions. We reserve the right to modify or discontinue any item at any time.

5.5 Minimum Order Requirements

Delivery orders must meet minimum order values as specified for your delivery zone. Minimum order amounts may vary by location and time of day.

5.6 Order Acceptance and Processing

All orders are subject to acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Item unavailability
• Pricing errors
• Payment processing issues
• Delivery zone restrictions
• Suspected fraudulent activity

5.7 Order Modification and Cancellation Policy

Orders may be modified or cancelled within 5 minutes of placement, subject to kitchen preparation status. Once food preparation begins, modifications may not be possible. Cancellation requests after preparation begins may result in partial charges.

5.8 Delivery Terms and Timing

Delivery times are estimates based on current order volume and traffic conditions. We strive to deliver within quoted timeframes but cannot guarantee exact delivery times. Weather conditions, traffic, and other factors may cause delays.

5.9 Delivery Zone Restrictions

Delivery is available only within our designated delivery zones. Delivery fees and minimum order requirements may vary by zone. We reserve the right to modify delivery zones at any time.

5.10 Temperature-Sensitive Item Handling

We use insulated packaging to maintain food temperature during delivery. Hot items are kept warm and cold items are kept chilled. However, we cannot control environmental factors during delivery that may affect food temperature.

5.11 Food Quality Guarantee

We stand behind the quality of our food. If you are not satisfied with your order, please contact us within 24 hours of delivery. We will investigate quality concerns and provide appropriate resolution, which may include refunds or replacement orders.

6. Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and digital payment methods. By providing payment information, you authorize us to charge the total order amount, including applicable taxes, fees, and tips.

7. Shipping and Delivery

Delivery services are provided within our designated delivery zones. Delivery fees, timeframes, and availability may vary by location. Customers must be available at the delivery address to receive orders. Additional charges may apply for special delivery requests.

8. Returns and Refunds

Due to the perishable nature of food products, returns are generally not accepted. Refund requests will be evaluated on a case-by-case basis. For detailed refund policies, please refer to our Refund Policy.

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content, trademarks, service marks, logos, and intellectual property on our Services are owned by or licensed to Swiss Chalet. This includes but is not limited to:

• Website design and layout
• Swiss Chalet name, logo, and branding
• Menu descriptions and food photography
• Software and technology platforms
• Marketing materials and promotional content

9.2 Limited License to Users

We grant you a limited, non-exclusive license to access and use our Services for personal purposes only. This license does not include any right to download, copy, or reproduce our content for commercial use.

9.3 User Content License

By submitting content to our Services (reviews, photos, comments), you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content in connection with our business operations.

10. User-Generated Content

10.1 Content Responsibility

You are solely responsible for any content you submit, including reviews, photos, and comments. Content must be accurate, respectful, and comply with applicable laws.

10.2 Prohibited Content

User content may not contain:

• False, misleading, or defamatory statements
• Offensive, discriminatory, or harassing language
• Copyrighted material without permission
• Personal information of other individuals
• Promotional content or spam

11. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

12. Limitation of Liability

To the maximum extent permitted by law, Swiss Chalet shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from your use of our Services. Our total liability shall not exceed the amount paid by you for the specific order giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless Swiss Chalet from any claims, damages, or expenses arising from your violation of these Terms, your use of our Services, or your violation of any third-party rights.

14. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of third parties. Use of third-party services is at your own risk.

15. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your access to our Services immediately for violation of these Terms. Upon termination, your right to use our Services ceases, but provisions regarding liability, indemnification, and intellectual property shall survive.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of Canada and the Province of Ontario, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes arising under these Terms shall be resolved through binding arbitration in Toronto, Ontario, in accordance with the rules of the Ontario Arbitration Act.

16.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or representative proceedings.

17. Changes to Terms

We may update these Terms periodically to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated through our website or direct notification. Continued use of our Services constitutes acceptance of updated Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Swiss Chalet regarding use of our Services.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or labor disputes.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

Quick Reference

• Introduction & Acceptance
• Definitions
• Use of Services
• User Accounts
• Food Service Terms
• Payment Terms
• Delivery
• Returns & Refunds
• Intellectual Property
• User Content