ONLINE TONIGHT.CA

TERMS OF SERVICE

Last updated: November 21st, 2018

Acceptance of Terms

ONLINETONIGHT.CA, Inc. (referred to here as "ONLINETONIGHT.CA") provides its Service (as defined below) to You through its Web site, affiliate or reseller sites (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.

Description of Service

The Site is a Web-based solution through which restaurants may provide online ordering for their customers and customers may connect with restaurants to place orders for pickup, dine-in and/or delivery. The "Service" includes (a) the Site, (b) the online ordering system, tools and services provided through the Site and by the Application Programming Interface ("API") made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the API (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.

ONLINETONIGHT.CA - Terms of Use

These Terms of Use affect your rights and you should read them carefully.

Acceptance of Terms of Use

These Terms of Use govern your use of the content and functions available through the sherwoodsupermarket.com domain name and other websites and apps on which these terms reside or are linked from (collectively the "Platform") that are operated by ONLINETONIGHT.CA. By using, visiting, or browsing the Platform, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Platform. These Terms of Use are an ongoing contract between you and ONLINETONIGHT.CA and apply to your use of the ONLINETONIGHT.CA Platform.

Changes to Terms of Use

ONLINETONIGHT.CA reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the ONLINETONIGHT.CA after changes are made means that you agree to be bound by such changes.

Privacy and Personal Information

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Platform.

ONLINETONIGHT.CA Account

In order to access some features of the Platform, you will have to create an account. If you register an account on the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. When creating your account, you must provide accurate and complete information. You may never use another's account without permission. You must notify ONLINETONIGHT.CA immediately of any breach of security or unauthorized use of your account. Although ONLINETONIGHT.CA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ONLINETONIGHT.CA or others due to such unauthorized use. The Platform sells products to adults, who can purchase with a credit card. If you are under 13, you may browse the Platform but you may not register an account, purchase goods or participate in any offers or promotions. ONLINETONIGHT.CA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Third-Party Content

These Terms of Use apply to all users of the Platform, including users who are also contributors of video content, information, and other materials or services on the Platform. The Platform may contain links to third party Platforms that are not owned or controlled by ONLINETONIGHT.CA. ONLINETONIGHT.CA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms. In addition, ONLINETONIGHT.CA will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release ONLINETONIGHT.CA from any and all liability arising from your use of any third-party Platform. Accordingly, when you leave the Platform or submit information to a third-party platform accessible from this Platform, the terms and conditions and privacy policy of that other platform will apply. Platform Access. ONLINETONIGHT.CA hereby grants you permission to use the Platform as set forth in these Terms of Use, provided that: use of the Platform as permitted is solely for your personal, noncommercial use; you will not copy or distribute any part of the Platform, including content on the Platform provided by ONLINETONIGHT.CA or its licensors, including graphics, images, text, digitally downloadable files, trademarks, logos, product and program names, or slogans (“ONLINETONIGHT.CA Content”), in any medium without ONLINETONIGHT.CA prior written authorization; you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose; you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (vii) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Platform in a manner that sends more request messages to the ONLINETONIGHT.CA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ONLINETONIGHT.CA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ONLINETONIGHT.CA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform with respect to their user submissions. >

Limitation of Liability

THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL ONLINETONIGHT.CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONLINETONIGHT.CA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONLINETONIGHT.CA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ONLINETONIGHT.CA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ONLINETONIGHT.CA makes no representations about the reliability of the features of this Platform, the content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. ONLINETONIGHT.CA makes no representations regarding the amount of time that any content will be preserved.

The Platform is controlled and offered by ONLINETONIGHT.CA from its facilities in the CANADA. ONLINETONIGHT.CA makes no representations that the ONLINETONIGHT.CA Platform is appropriate or available for use in other locations. Those who access or use the ONLINETONIGHT.CA Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law. Indemnity. You agree to defend, indemnify and hold harmless ONLINETONIGHT.CA, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Platform; your violation of any term of these Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your user submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Platform.

App Platform Users

The use of the app Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from ONLINETONIGHT.CA, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

ONLINETONIGHT.CA may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. ONLINETONIGHT.CA makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Ability to Accept Terms of Use.

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the ONLINETONIGHT.CA Platform is not intended for children under 13. If you are under 13 years of age, then please do not use the ONLINETONIGHT.CA Platform - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the internal laws of Canada without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts. These Terms of Use operate to the fullest extent permissible by law. If ONLINETONIGHT.CA fails to act with respect to your breach or anyone else's breach on any occasion, ONLINETONIGHT.CA is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and ONLINETONIGHT.CA regarding the use of the Platform.

Errors and Omissions

The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by ONLINETONIGHT.CA.ONLINETONIGHT.CA shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. ONLINETONIGHT.CA reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

Force Majeure

In the event that ONLINETONIGHT.CA is unable to perform any of its obligations under this Agreement or You are unable to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure or other causes beyond our reasonable control (a "Force Majeure Event") ONLINETONIGHT.CA shall immediately give notice to You, if practicable, and shall take reasonable measures to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended indefinitely.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.





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