Terms and Conditions

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE & PROHIBITIONS

The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

PRIVACY POLICY

This Privacy Policy governs the manner in which Barkside Bistro Inc. collects, uses, maintains and discloses information collected from users (each, a "User") of the www.barksidebistro.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Barkside Bistro Inc.

PERSONAL INDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

Barkside Bistro Inc. collects and uses Users personal information for the following purposes:

  • To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs.
     
  • To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
     
  • To improve our Site
    We continually strive to improve our website offerings based on the information and feedback we receive from you.
     
  • To send periodic emails
    The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

 

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

THIRD PARTY WEBSITES

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies.

ADVERTISING

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

GOOGLE ADSENSE

Some of the ads may be served by Google. Google\'s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.

PAYMENTS

Barkside Bistro Inc. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Barkside Bistro Inc. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, Moneris or wire transfers. Orders are due and payable upon order. Barkside Bistro Inc. has all the discretion to cancel or deny orders. Barkside Bistro Inc. is not responsible for pricing, typographical, or other errors in any offer by Barkside Bistro Inc. and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, Barkside Bistro Inc. reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT PRICING & DESCRIPTIONS

The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. In cases of mispriced in our catalogs in which the 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 do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, please return for exchange or refund of all but shipping and handling costs.

EDITING, DELETING, MODIFICATIONS

Barkside Bistro Inc. has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUD

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Barkside Bistro Inc. shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $2,000 Cdn or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

CONFIDENTIALITY

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Barkside Bistro Inc. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-WAIVER

Failure of the Barkside Bistro Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

SPECIAL NOTICE

We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on this Web site is prohibited absent our express written permission. Associating or juxtaposing our Web site or its Materials (e.g., through framing or inline linking) with advertisements and/or other information not originating from our Web site is expressly prohibited.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of Ontario, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ontario, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

SUBSCRIPTION / AUTO DELIVERY PROGRAM

With the Subscription / Auto-Delivery program you are automatically charged and shipped your order based on the period you select unless you cancel.

You will be sent an e-mail reminder before your next scheduled order begins processing. You can change your delivery schedule and your food selections on any order. Please do so by 6:00pm EST one week before your order is scheduled to begin processing.

You can cancel at any time before 6:00 PM EST the day before your order is scheduled to be processed by calling 416.970.1160. This delivery program is available to our identified delivery area only and cannot be shipped to PO Boxes, APO Boxes or military addresses.

Subscription / Auto delivery pricing is applicable to minimum orders of 6 months. If you cancel any time prior to 6 months, please note your account will be charged for the difference between auto delivery pricing and regular pricing.

ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Barkside Bistro Inc.
www.barksidebistro.com
1125 Gerrard St. E. Toronto, ON M4L 1Y1

647.479.3888

kschiavone@barksidebistro.com

If you place an order for a recurring subscription at the discounted subscription rate and cancel within 6 months of your original order your credit card will be charged the equivalent of one month's price of your original order amount.

These Terms and Conditions are effective September 1, 2013.