Welcome to Barburrito. These Terms and Conditions ("Terms") govern your use of the Barburrito website (barburrito.ca), mobile application, and related services (collectively, the "Services"), as well as any orders you place through our Services or at our restaurant locations.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.
By creating an account, placing an order, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms at any time. Any changes to the Terms will be effective immediately upon posting on our website. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.
To use our Services, you must be at least 13 years old. If you are under the age of majority in your jurisdiction, you must have permission from your parent or guardian to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.
To access certain features of our Services, you may be required to create an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
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. We will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to suspend or terminate your account and your access to the Services at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
When you place an order through our Services, you are offering to purchase the products you have selected based on the prices, offers, and product descriptions stated at the time of your order. All orders are subject to acceptance and availability.
All prices displayed on our Services are in Canadian dollars and are inclusive of applicable taxes. We reserve the right to change prices, offers, and product availability at any time without notice. Despite our best efforts, a small number of the items on our Services may be mispriced or unavailable. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
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 designated payment method and authorize us to charge your payment method for the total amount of your order (including taxes, delivery fees, and other applicable fees).
Once an order has been placed and confirmed, it cannot be canceled except at our discretion. For specific cancellation requests, please contact our customer service team as soon as possible.
We offer delivery services in select areas. Delivery times are estimates and not guaranteed. Factors such as traffic, weather, and high order volumes may impact delivery times. We are not responsible for delays in delivery due to circumstances beyond our control.
Delivery fees vary based on factors such as location, order size, and time of day. The applicable delivery fee will be displayed before you complete your order.
When selecting pickup, you agree to collect your order from the designated Barburrito location at the estimated pickup time. Orders not collected within 24 hours of the pickup time may be discarded, and no refund will be issued.
Our loyalty program is subject to separate terms and conditions, which are available on our website or mobile application.
We may offer promotional codes, discounts, or special offers from time to time. These promotions are subject to their specific terms and conditions, including expiration dates and usage limitations. We reserve the right to modify or cancel promotions at any time without notice.
Any referral program we offer is intended for personal, non-commercial use only. Referral benefits cannot be combined with other offers and may be limited to one per customer. We reserve the right to suspend or terminate accounts or cancel referral benefits if we detect any abuse of the referral program.
All content included on our Services, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Barburrito or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include any resale or commercial use of our Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not use our Services or content for any purpose not expressly permitted by these Terms. Any unauthorized use automatically terminates the permissions granted by these Terms.
Our Services may allow you to post, submit, or transmit content such as reviews, comments, suggestions, ideas, or other materials (collectively, "User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
You agree not to post User Content that:
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BARBURRITO, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, BUSINESS OR GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR YOUR MOST RECENT ORDER (IF ANY), OR $100, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Barburrito, its affiliates, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, you and Barburrito shall use best efforts to settle the dispute amicably through good faith negotiations.
If the parties cannot resolve a dispute through informal negotiations, either party may initiate formal proceedings in the appropriate courts of the Province of Ontario, Canada.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law, and the invalid, illegal, or unenforceable provision shall be deemed modified so that it is valid, legal, and enforceable to the maximum extent permitted by law.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Barburrito concerning the Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Barburrito.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
Questions or comments about these Terms should be directed to:
Barburrito
16 Jones Manors
South Amanda, L36 3RN
Email: [email protected]
Phone: +449194893485