Terms of Service

Preamble

The following is the Terms of Service Agreement (‘’TOS’’) (also known as “Terms and Conditions”) between Aliments Bien Manger Inc. (“AMB”) a Quebec corporation with it’s head office located at 5474 Royalmount, suite 133, Mont-Royal, Quebec, H4P 1J3, and the User. This agreement constitutes the contract by which Aliments Bien Manger Inc. will provide the User, with access to the services through their website or mobile application. In exchange for the services provided by the Aliments Bien Manger Inc. Online Platform, the User will agree to respect the terms and conditions as set out in the following agreement and all other associated documents.
The User is strongly encouraged to take note of the following document as well as Aliment Bien Manger Inc.’s Privacy Policy. All documentation referred to in the present agreement may be found at https://alimentsbienmanger.com/terms.

1.Terms and definitions

1.1
a) Account information: All the information submitted by the User upon creation and registration of a User account as well as any modification of this information over the course of the User’s use of the website by the User and it’s authorized partners and services for the usage of the Online payment platform.
b) Device: Any personal computer; laptop; smartphone; tablet or any other electronic device used to access the .
c) User: Any physical person that uses the website of Aliments Bien Manger Inc.
d) User account: The entirety of information with is kept on the website in association with a particular User. This information includes what the User supplies to Aliments Bien Manger Inc. for purposes of identification and billing; This includes credit card information and user’s personal information.

2. Eligibility

2.1. Capacity to contract

Each party represents that :
– it has full power and authority to enter into the Agreement.
– it will comply with all laws and regulations applicable
– respect the terms and services of the website and application.
– Is at least 18 years old

3. Access to website

3.1. Access to website: The website can be accessed without making an order.
3.2. Accepting of terms: Access to the website indicates that you accept the Terms of Service of the Website. If these terms are not accepted, the User will be unable to order a product from the website.
3.3. Revision of terms: The terns of the website or application may be reviewed at any time. You should regularly review the terms.
3.4. Responsibility: You are responsible for all people that use your account and are responsible for these people being aware of the terms that they will be in compliance with them.

4. Registration and User Account Creation

In order to order the services and resources made available through the website and application the User must first complete the Account Creation form.
The User and all authorized persons or entities shall utilize proper security protocols, such as, but not limited to, setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.

5. Food order process

5.1. Order Process: The user will be able to select the products of their choice by clicking on the product. The User will be able to submit their order by clicking “Place My Order” or any similar button.
5.2. Information submitted : The user is responsible for ensuring that all information that they put on website is correct.
5.3. Cancellation of Order: An order cannot be cancelled or amended unless it is done within a reasonable time after the order has been processed.
5.4. Delivery of Order: An order can be delivered to the User if the User decides to do so. There are additional fees for delivery that the User will have to pay.

6. Taxes and Payment:

6.1. Taxes: All orders will be subject to Quebec Sales Tax (QST) as well as the Goods and Services Tax (GST).

6.2. Accepted forms of payment: The only way to pay on the website is by credit card. The user will have to pay once his order has been made.

7. Customer Service

7.1. Order changes/cancellations: For all modifications to an order or to cancel the order, it is the user can either call the phone number on the website or email as soon as possible info@alimentsbienmanger.com.

8. Acceptance and Coming Into Force

8.1. TOS Acceptance
The User may accept the Terms of Service as laid out in this agreement by clicking the ‘’I Accept’’ checkbox located on the account creation and registration form page and then clicking the ‘’Sign up’’ button on the same web page.
The Terms of Service contained in the following agreement come into force the moment the User has transmitted their acceptance of the Terms of Service by clicking the ‘’Sign up’’ button on the account creation and registration page.
This agreement will remain in force until the User decides to terminate his or her account or if Aliments Bien Manger Inc. decides to terminate the account.
The present agreement shall remain in force despite any suspension of the User Account.

8.2. Policies acceptance
By accepting the present agreement the User equally accepts the Privacy, Content and cookies policies that are referenced in the present agreement and all future amendments can be accessed on Aliments Bien Manger Inc.’s website at https://alimentsbienmanger.com/terms.
Aliments Bien Manger Inc. may reserve the right to modify the terms of service or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
Accounts
Account Subscription
Users may subscribe to Account by filling the required information and clicking the ‘’Subscribe’’ button located on the checkout page. The User shall then have access to the features.
Account Deletion
Users may elect to delete their account at any time by clicking the ‘’Delete me Account’’ button located on the profile page. In such a case, there shall be no refund of any monies paid towards the Paid Account subscription.

9. Prohibited Practices

Case spam: The creation of multiple listings on the COP of information which essentially pertains to one individual case, whether this is done by the User or any other person or entity the User authorizes. An example of which would be the creation of multiple case listings bearing the same parties to the case, basis for claim, amount of damages and/or same case number.
Malicious Attacks: Any attempt to disrupt the operations of the COP through the utilization of malicious software or hacking techniques such as Denial of Service Attacks, Malicious Code Injection, Computer or device Virus uploads to the COP. Users shall also refrain from attempting to upload malicious software to the COP with the aim to have such software be downloaded on other Users or Third Party devices, whether such conduct results in damages or not and whether such conduct will enable unauthorized access or not. It is understood that the present list is not exhaustive and the situations enumerated are mainly for informative purposes.
Unauthorized Access: Any attempt to gain unauthorized access to features or information on the Terms and Conditions or to utilize the terms and conditions for other purposes than those set out in this Agreement as well as any attempt to gain unauthorized access to other Users or Third Parties accounts or Devices.
User Impersonation: The registration or creation of a User Account under a name that is not that of the User who proceeds to the registration or creation of such an Account and who has not been authorized by the User whose identity is used for the creation of such an Account to create or register said Account.

10. Intellectual Property Rights

Except as expressly stated in this agreement, this agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, the User owns all Intellectual Property Rights in relation to their Client files and User content, and Aliments Bien Manger Inc. owns all Intellectual Property Rights in the COP and associated services.

11. Limitation of Liability

11.1. General Liability Limitation
While Aliments Bien Manger Inc. will make reasonable efforts to ensure the services provided meet the User’s expectations and are as adequate as possible, Aliments Bien Manger Inc. cannot guarantee that this will always be the case. The User must accept that the inherent flaws of the manner in which the services will be provided as well as other elements remain outside of Aliments Bien Manger Inc.’s control.
Neither party will be liable under this agreement for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if the party knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.
These limitations of liability apply to the fullest extent permitted by applicable law but do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations.

11.2. Account Information Liability Limitation
It is the responsibility of the User and all authorized persons or entities of the User Account to ensure the confidentiality of the Account information that it contains. The User therefore guarantees that he shall take the necessary measures ensure no unauthorized persons or entities gain access to such information.
Aliments Bien Manger Inc. shall not be held liable for any unauthorized use of a User Account where it is established that such unauthorized use was due to information regarding the User Account being used by a person or entity without the authorization of the User and all other authorized persons or entities who created, registered or otherwise have authorized access to the User Account or where such information was not provided to that person or entity by Aliments Bien Manger Inc.
The User shall be held responsible for any and all violations of the present agreement as well as any other legal liability arising from persons or entities who gain access to the user’s account by using the Account information that was supplied by the User and all authorized persons or entities of the User Account.

12. Communications

12.1. Written communications: Aliments Bien Manger Inc. will contact the user by email for all promotions, notices.
12.2. Phone Calls: The user may receive a phone call for all potential changes to an order or for all questions regarding the order.
12.3. Newsletters: Aliments Bien Manger Inc. reserves the right to send newsletters by email to subscribers of the application and/or website. Users will have an option to unsubscribe from the newsletters.

13. Termination of Account

An account may be terminated at any point if the User does not respect the obligations put forth by the terms and conditions of the Aliments Bien Manger Inc website and/or application.

14. Governing Law

The terms and conditions of the website are governed by the laws of the province of Quebec and all claims or disputes will be heard by a Quebec Court.