GENERAL TERMS AND CONDITIONS

These general terms and conditions (the "Terms") apply between you as a customer (the "customer", "you") and DelivFree Canada Inc. ("DelivFree Canada Inc."), when ordering food, drinks and other products (together the "Products") provided on www.delivfree.ca or DelivFree Canada Inc.'s downloadable mobile application (together the "Platform"). By registering a user account with DelivFree Canada Inc. or by using the Platform and/or Services (defined below) you confirm that you have read and agree to the Terms. By using the Platform, you can order Products from the restaurants and stores that are available on the Platform from time to time ("DelivFree Canada Inc. Merchants", "Merchants"). By ordering a Product on the Platform, you enter into an agreement directly with the relevant DelivFree Canada Inc. Merchant and, if applicable, agree to that Merchant's terms of sale.

The Terms constitute the entire agreement between the parties of all matters to which the terms relate.

If you have any questions regarding the Terms you may always contact our customer service.

1. About the Services

DelivFree Canada Inc.'s transport service and administration of the customer's payment are hereinafter, to the extent applicable, jointly referred to as the "Services". DelivFree Canada Inc. operates the Platform and transfers your payment to DelivFree Canada Inc.'s Merchants who sell the Products to you. The Products are transported and delivered to the delivery address you specified when ordering. Delivery is made by DelivFree Canada Inc.'s contracted independent delivery drivers or through DelivFree Canada Inc.'s Merchants, unless you choose to pick up the Product at DelivFree Canada Inc.'s Merchant ("Pick-Up").

At the time of your order you pay for the Product, directly to the Restaurant or business you are ordering from and DelivFree Canada Inc.simply acts as a conduit for the payment to the Merchant. You do not pay anything to the courier which delivers the Product to you. You do not pay anything to Delivfree Canada Inc.

1.2 Products Offered

To ensure the delivery time and quality of the Product, you can only order Products from Merchants with a business location near the delivery address you specify. The range of DelivFree Canada Inc.'s Merchants and Products varies from time to time and the customer is referred to the Platform for up-to-date information on this.

1.3 Order and delivery

All orders are made directly from the Merchant Restaurants via the DelivFree Platform by inputting your address in the search bar selecting the partner merchant restaurants that are shown in your neighbourhood then being directed to the restaurants and their menus, then choosing the restaurant you want to order from, then selecting the Product(s) you wish to purchase directly from the restaurants menu. You must then choose if you want your order delivered, or if you want to pick up the Product yourself (Pick-Up). Please note that DelivFree Canada Inc. never accepts orders for Products by e-mail or by live chat. Each completed order is confirmed by e-mail and the estimated delivery time is shown on the Platform.

The risk of the Product passes to you when it is delivered to you at the agreed location. Neither DelivFree Canada Inc.'s Merchants nor DelivFree Canada Inc. is liable for any damage to Products that occurred after the delivery. You are responsible for collecting the Product at the delivery address agreed upon; Payments made will not be refunded by DelivFree Canada Inc.'s Merchants or DelivFree Canada Inc. if you fail to collect the Product at the agreed location.

1.5 Food ingredients

Meals

For information about e.g. allergens, ingredients or the origin of a raw material, we kindly ask the customer to contact the relevant DelivFree Canada Inc. Merchant.

Meals marketed on the Platform are prepared and packaged by DelivFree Canada Inc.'s Merchant-restaurants in kitchens approved and licenced to operate under all the appropriate and legal requirements set out by the jurisdiction they operate within. Once the meal is prepared, the meal is packaged by the restaurant and, unless you have selected Pick-Up, transported to you by appropriate means of transportation (if DelivFree Canada Inc.'s courier handles the delivery it will be carried out with insulated bags). DelivFree Canada Inc./the DelivFree Canada Inc. personnel do not handle or interfere with the preparation of meals or any ingredients contained therein. Meals from DelivFree Canada Inc.'s Merchant-restaurants are, unless explicitly stated otherwise, intended to be eaten immediately upon delivery, and DelivFree Canada Inc. and the DelivFree Canada Inc. Merchant-restaurant are not responsible for the quality of the meal if eaten later.

Food

If the Product consists of pre-packaged food, it is important that you carefully read the list of ingredients set forth on the packaging before eating, especially if you are allergic to a particular food or substance. Please note that DelivFree Canada Inc. does not guarantee that the lists of ingredients presented on the Platform are correct or up to date. If you have any questions regarding ingredients in any food marketed through the Platform, please contact the relevant DelivFree Canada Inc. Restaurant Merchant.

2. How much do the Services cost and how do I pay?

2.1 Price
Delivery Price
DelivFree Canada Inc. delivery service is free for all deliveries within a 5 mile radius of the merchant restaurant.

Independent drivers providing delivery services for our Merchant Restaurants using the DelivFree Canada Inc. platform may negotiate a delivery fee with the customer if the delivery to the customer is beyond the 5 mile delivery radius imposed by DelivFree Canada Inc.

Menu Prices.

Prices for each Product are shown on the Restaurant Merchants Menu. DelivFree Canada Inc. has no right nor ever intends to change prices of menu items on Restaurant Merchant menu’s. In the event of significant changes to any menu prices please contact the Restaurant Merchant directly, as the pricing is under their control not DelivFree Canada Inc. Please make sure to read the latest, updated version of the Terms.

If a minimum order value ("minimum") is applied by a DelivFree Canada Inc. Merchant, you as a customer must pay the margin between the price of the Product or Products (the "order value") and the applicable minimum, if the order value is lower than the minimum. These costs will not be refunded in the event of a complaint or return.

2.2 Price offers and gift cards

DelivFree Canada Inc. may from time to time offer introductory prices or a "trial offers" on behalf of our Restaurant Merchants and other campaign offerings (collectively "Campaign"). Each Campaign offering is only valid once per each registered user, unless specifically stated otherwise in the Campaign terms and conditions of our Restaurant Merchant’s offering. DelivFree Canada Inc. reserves the right to terminate any Campaign offering at any time without prior notice to the customer.

Gift vouchers (vouchers with a specific face value) issued by DelivFree Canada Inc. on behalf of our Restaurant Merchants can be redeemed to pay for any Products and services made available on the Platform as per the issuing Restaurant Merchants Terms and Conditions, unless otherwise stated on the gift card or any specific gift card terms and conditions. The gift card cannot be redeemed for cash from DelivFree Canada Inc. The gift card Terms and Conditions are those of the issuing Restaurant Merchant not DelivFree Canada Inc. DelivFree Canada Inc. does not offer gift cards.

2.3 Payment

Unless otherwise expressly agreed, payment for any Product orders shall be made to the Restaurant Merchant you are ordering your food from, DelivFree Canada Inc. accepts payment of food ordered via it’s platform on behalf of the Merchant and then we flow your payment to the Merchant immediately. For this payment administration service, we charge the Merchant standard card processing fees which we pay to Stripe for handling the payment.

3. Your commitment as a customer at DelivFree Canada Inc.

By accepting the Terms, you verify that you are at least 18 years old and that you may accept these Terms with binding effect. You are responsible for ensuring that the information you provide when registering your user account with DelivFree Canada Inc. is correct. You agree to keep your login credentials and other account information confidential and secure and to not share such information with anyone else.

You may not use any DelivFree Canada Inc. trademarks or brands beyond what is required to use the Platform or the Services.

4. Personal data processing and data protection

We process your personal data in accordance with DelivFree Canada Inc;s Privacy Policy.

5. Complaints, feedback and cancellation rights

5.1 Complaints and feedback

We want you to be happy! If your meal or any other Product delivered to you is not to your satisfaction, please contact the Restaurant you ordered from immediately by using the contact information they provide. If your complaint is about a driver contact us immediately. Once we receive your complaint, we will investigate the matter as soon as possible and attempt to find a solution in accordance with the applicable consumer protection legislation in your area. DelivFree Canada Inc. reserves the right to determine what is considered an appropriate solution in each situation.

5.2 Refunds

All refunds are the responsibility of the Merchant Restaurants. However, if the reason for your dissatisfaction with the food you received is proven to be as a result of something DelivFree Canada Inc.’s contracted delivery driver did to cause the food to be to your dissatisfaction then you can make a complaint to us via our Customer Support Dept. and If your return is approved, DelivFree Canada Inc. will promptly refund the amount attributable to the returned Product, (which you had returned to the restaurant in its entirety and in the same packaging it arrived to you in), no later than 30 days from their receipt of the returned Product. Refunds will be made by the same payment method that you used to pay for the Product, unless otherwise agreed, or should DelivFree Canada Inc. be prevented from using such payment method for any reason. Further, if your refund request is approved, DelivFree Canada Inc. has the right to reduce the refund amount by an amount equal to the Product value depreciation that may result from your use or handling of the Product beyond what is required to assess its characteristics or function.

DelivFree Canada Inc. does not refund fees for delivery or payment administration or other service charges, discount codes or any costs relating to minimum order value.

6. Customer service

DelivFree Canada Inc. provides support through our customer service. You can access our Support Center through the Platform. Alternatively, you can contact us by e-mail at info@delivfree.com. For up-to-date information on customer service opening hours, please see our website.

7. DelivFree Canada Inc.'s right to terminate the Services

DelivFree Canada Inc. reserves the right to terminate the Services or to suspend the use of the Platform for customers who violate these Terms. Such termination takes place immediately and the customer is notified by e-mail.

8. Miscellaneous

DelivFree Canada Inc. may transfer its rights and obligations under the Terms to a third party, provided that the acquiring third party can be expected to fulfill its obligations under the Terms in a, ( from the customer’s perspective), satisfactory manner.
You are liable to compensate DelivFree Canada Inc. for any direct and indirect damage that DelivFree Canada Inc. suffers because of your breach of the Terms.

In addition to what is otherwise stated in the Terms, and unless otherwise provided by mandatory law, the following applies regarding DelivFree Canada Inc.'s liability to you as a Customer:

Except as set out in the Terms, DelivFree Canada Inc. makes no warranties regarding any content, information, raw materials, ingredients, services or anything provided by or through DelivFree Canada Inc. on the Platform. Furthermore, DelivFree Canada Inc. does not make any warranties regarding the function, availability, usability or security of the Platform or the Services.
DelivFree Canada Inc. is not responsible for unauthorized access to, or modification of, information that you submit to DelivFree Canada Inc., or material or information that you receive. Furthermore, DelivFree Canada Inc. is not responsible for criminal acts committed using DelivFree Canada Inc.'s services such as threats or slander, or for any obscenity or disruptive, abusive, inappropriate or illegal content or behavior by any user.
DelivFree Canada Inc. is not responsible for any direct or indirect damage caused by your use of the Platform, the Services or by information from DelivFree Canada Inc.. However, this does not apply if DelivFree Canada Inc. caused you any harm intentionally or through gross negligence.
DelivFree Canada Inc. reserves the right to cancel a delivery of one or more Products if the Customer has entered insufficient or incorrect information when registering the account, if DelivFree Canada Inc.’s Merchant is unable to complete the order, or in case of force majeure events such as pandemics, including Corona, natural disasters, wars, political unrest, strike, lockout, blockades or any other labor disturbance, fire, accident or other circumstances beyond DelivFree Canada Inc.’s reasonable control, or any other circumstances that substantially impedes or impairs the conditions for a delivery to be fulfilled. DelivFree Canada Inc. undertakes to notify the Customer as soon as possible of whether a delivery may be delayed, or alternatively, if the delivery may fail completely.

9. Dispute resolution

Disputes concerning the interpretation or application of these Terms shall be interpreted in accordance with Canadian law.

In case of any dispute between DelivFree Canada Inc. and the customer, the parties shall as a first step strive to resolve the dispute by agreement. If the parties cannot agree, the dispute shall be determined by an independent arbitrator governed by Canadian Arbitration Rules or, ultimately, by a general court.

10. INDEMNIFICATION

You agree to indemnify and hold harmless DelivFree Canada Inc and it’s officers, and or owners from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable legal’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, and or your misuse of this platform as agreed to in this agreement.

DISCLAIMER

THE PLATOFRM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DELIVFREE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE MATERIALS AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DELIVFREE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE PLATFORM. YOU (AND NOT DELIVFREE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM, THE MATERIALS AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

YOU AND DELIVFREE AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

THIRD PARTY LINKS

The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). DelivFree does not review, monitor, operate and/or control the Third Party Websites and DelivFree makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, DelivFree is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. DelivFree reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

11. Dispute resolution

Disputes concerning the interpretation or application of these Terms shall be interpreted in accordance with Canadian law.

In case of any dispute between DelivFree Canada Inc. and the customer, the parties shall as a first step strive to resolve the dispute by agreement. If the parties cannot agree, the dispute shall be determined by an independent arbitrator governed by Canadian Arbitration Rules or, ultimately, by a general court. All arbitration and or court proceedings shall take place in Vancouver,B.C. Canada.

Terms & Conditions