Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE.

This Agreement (the “Agreement”) is an http://www.oakleaf-enterprise.org/ between you(the client) and the company TAKE OUT GROCERY which states the terms and conditions under which you may use this site and receive the services offered by TAKE OUT GROCERY S, which includes the processing and delivery of orders. Your use of this site constitutes your unconditional agreement to follow and be bound by these terms and conditions. TAKE OUT GROCERY reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, TAKE OUT GROCERY will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. If you use TAKE OUT GROCERY Service, the Terms of Use applicable to each order are the Terms of Use in effect on the date that you place such order. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site. If you do not agree with all of the terms and conditions, do not use the Site or the TAKE OUT GROCERY Service.

By using this Site, you represent that you are above of the age of 16. If you are under the age of 16, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that said minor may incur.

TAKE OUT GROCERY Return Policy

Although we strive to achieve 100% customer satisfaction, there is always a possibility for human error. We would like all customers to please keep this in mind when placing an order.

-In situations where a mistake has occurred with an item(s) where a specific item was requested by the client and the deliverer failed to get the item or got the wrong item, the following will apply.

  •  if items are less than $7.50 the client will be offered a credit for that item on the current bill at the door

*This will also apply for broken/damaged (to an unusable degree) items which are less than $7.50

  • If the item(s) is(are) over $7.50, the client will have the option of having it replaced the same day or the next business day

*If total of damage items is greater than 7.50$ they are to be replaced the same day or next business day.

Note: If the client takes notice of the broken/damaged item while the deliverer is still present, the deliverer will deduct the price of that item from the total bill.

SPOILED/EXPIRED ITEMS

  • Should clients take notice of any spoiled or expired items within their order, they are required to notify the company (via phone call) the same day as the order was delivered. Any calls concerning spoiled/expired items placed the following business day cannot be rectified.

MODIFICATIONS:

  • Orders may not be modified in any way once the call has ended. To ensure the clients order is correct, the CSR taking the order will review all items on the list prior to ending the call.

CHARGES/FEE/PRICING

In the Scarborough area:

**All prices listed below are prior to any applicable delivery fees**

TOTAL ORDER PRICE

TOTAL DELIVERY FEE

$0-$89.99

$15

$90.00-$139.00

$20

$140.00-$199.99

$25

$200.00-$249.99

$30

$250.00-$299.99

$35

Until further business expansion TAKE OUT GROCERY’S delivery jurisdictions only stretch pass Scarborough between Victoria Park Ave up to Don Mills Rd at which point the pricing will be as follows.

TOTAL ORDER PRICE

TOTAL DELIVERY FEE

$0-$89.99

$15

$90.00-$139.00

$20

$140.00-$199.99

$25

$200.00-$249.99

$30

$250.00-$299.99

$35

Order taking and Delivery of Products Policy

  • Deliverers may occasionally call clients from the store, if any of the items on the order list are missing/sold out. Clients may not add, substitute or take off any items from the original order list if they are to be contacted by the deliverer from store. The only substitution permitted will be for the missing item in which the deliverer was originally calling about.

  • If clients fail to specify a particular flavour or brand of any sale items from the flyer, the deliverer will purchase the same flavour or brand that is represented in the flyer.

     

  • When choosing a sale item the client must specify alternative flavors or the wish to not substitute flavors or the deliverer will choose an alternative sale’s item flavor at their discretion.
  • If clients fail to specify a particular flavour or brand for any item that is not in the flyer, the deliverer will have the leeway to choose any flavour or brand to no fault of his/her own.

  • Clients will only be notified of any sold out sale items upon delivery. This is due to the fact that there may be a high probability that sale items advertised in weekly flyers are frequently out of stock.

  • For all sale items that are to be found in weekly flyers, clients will be required to provide the page number and price of these items. For these items, should clients provide an incorrect page number to the CSR or in the online order, the deliverer may opt to not add this item to the order.

*This is to expedite the shopping process as sale items are often placed in different areas of the store.

  • In any instances in which a client wishes to cancel an order that has already been confirmed, a charge of $5 will be added to the next bill if the cancellation takes place within 1 hour of the original order being placed. A charge of $10 will incur if the cancellation occurs past the 1st hour.

  • It is solely the clients’ responsibility to provide CSRs with the specific item details required; such as brand, flavour, size etc. If clients fail to do so, the deliverer reserves the right to choose any brand, flavour, or size available.

  • It is solely the clients’ responsibility to provide CSRs with any substitutions for any sale items that are not available. IE- Same brand, different flavour. If clients fail to do so, the deliverer may not make any substitutions for the client.

  • Clients are permitted a maximum of 4 bags of milk per order , unless the order solely consists of milk bags in which case the maximum allowed will be 10 bags

11
it should say : a maximum of 4 , 2L botles drink are permitted …. you for got to add the 4

  • Food orders requested from butchers sections will solely depend on whether all grocery stores in the franchise have such a section( IE-Metro), otherwise this will be restricted . Deliverers have final say in which store(from franchise) they choose to purchase orders from.

  • A maximum of 4 big ticket items (pet food/litter, a maximum of 4 , 2L bottles drink are permitted or water) are permitted, unless the order solely consists of big ticket items in which case the maximum allowed will be 8

  • A maximum of 4, 2L drink bottles are permitted, unless the order solely consists of 4, 2L drink bottles items in which case the maximum allowed will be 8

  • It is required that all clients who call our office are able to clearly understand our CSRs and vice versa . For any clients who are hearing impaired, we encourage you to use the Relay Service. This is avoid lengthy delays during calls and to have phone lines free for awaiting customers. Additionally the sooner an order is processed the sooner it is delivered.

  • At times of inclement weather or unforeseeable delivery complications it may be necessary to adjust delivery times or dates. For any and all delays, a CSR will contact clients directly to provide the status of delivery.

TIPS

Although not mandatory, TIPS are much appreciated as our deliverers depend on TIPS to off set the rising cost of gas. There is no minimum TIP amount that is required or expected. Give what you can while being generous.

Payment 

Should clients fail to pay any applicable fees or charges while using the TAKE OUT GROCERY service, TAKE OUT GROCERY reserves the right to suspend/terminate clients access to our services.

License and Proprietary Rights

Copyright and Ownership

This Site and all its Contents are intended solely for personal, non-commercial use. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, TAKE OUT GROCERY. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with TAKE OUT GROCERY. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of TAKE OUT GROCERY is strictly prohibited.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the TAKEOUTGROCERY.ca Site and use of TAKE OUT GROCERY Service, to understand our practices.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE TAKEOUTGROCERY.CA SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE TAKEOUTGROCERY.CA SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TAKEOUTGROCERY.CA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE TAKE OUT GROCERY SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GROCERYMARKET.CA SERVICE; GMD DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. TAKE OUT GROCERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE GTAKEOUTGROCERY.CA SERVICES. TAKE OUT GROCERY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER TAKE OUT GROCERY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, ” TAKE OUT GROCERY PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE GROCERYMARKET.CA SERVICE, OR THE INTERNET. GMD’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE TAKEOUTGROCERY.CA SERVICE AND TO TERMINATE THIS AGREEMENT. TAKE OUT GROCERY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous

Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. TAKE OUT GROCERY may suspend or terminate this Agreement or the TAKEOUTGROCERY.ca Service or remove or disable access to any portion of the TAKEOUTGROCERY.ca Service at any time for any reason with or without notice to you. You may terminate this Agreement and your TAKE OUT GROCERY Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. TAKE OUT GROCERY reserves the right to collect fees and charges incurred before you cancel your TAKE OUT GROCERY Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices

TAKE OUT GROCERY may give notice to you of any change or any other communication related to this Agreement through a general posting on the TAKEOUTGROCERY.ca Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to TAKEOUTGROCERY.CA by telephone at 647-344-4290 or by electronic mail at info@TAKEOUTGROCERY.ca.

Takeoutgrocery.ca  provides this website as a service.

While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date.

The materials contained on this website are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter. Nutrition-and-you.com does not accept any responsibility for any loss, which may arise from reliance on information contained on this site.

Permission may be given for the downloading and temporary storage of one or two of these pages for viewing on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or re-transmission of the contents of this site is prohibited without the prior written consent of nutrition-and-you.com.

Some links within this website may lead to other websites, including those operated and maintained by third parties. Nutrition-and-you.com includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply).

This website and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchant-ability, fitness for a particular purpose, or non-infringement.

Reproduction, distribution, republication, and/or re-transmission of material contained within this website are prohibited unless the prior written permission of Takeoutgrocery.ca has been obtained.

Medical disclaimer

The information in this website are intended solely for the general information for the reader. The contents of this web site are not intended to offer personal medical advice, diagnose health problems or for treatment purposes. It is not a substitute for medical care provided by a licensed and qualified health professional. Please consult your health care provider for any advice on medications or nutrition. The information in the site does not purposely endorse brand names or any particular products.

Allays consult your physician or nutritionist in regards to your dietary needs.

Entire Agreement

This Agreement and the Privacy Policy referred to herein represent your entire agreement with TAKE OUT GROCERY regarding the use of the TAKE OUT GROCERY Service and the tAKEOUTGROCERY.ca Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, TAKE OUT GROCERY, and TAKE OUT GROCERY Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

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