Terms of Service

By accessing the website at www.BalajiFoods.ca and its services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Children’s Information
Our Services are not intended for children under 13 years of age and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at info@BalajiFoods.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.

Content and Intellectual Property Ownership
BalajiFoods alone shall own all right, title, content and interest, including all related intellectual property rights, in and to the Software and the Services. This agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by BalajiFoods. BalajiFoods name, BalajiFoods logo, and the product names associated with the Software and Services are trademarks of BalajiFoods or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services

Termination
If you violate this Agreement, BalajiFoods may respond based on a number of factors including, but not limited to, the severity of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, BalajiFoods may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, BalajiFoods reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

Disclaimers
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these terms of service (including the following disclaimers and limitations of liability) may not apply and you may have additional rights. Content: While we try to ensure that information on the BalajiFoods Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the BalajiFoods Website including to Goods and prices described on it, at any time without notice. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with us directly before ordering. We do not give any undertaking that the Goods ordered from any Vendor through the BalajiFoods Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. We do our best to maintain estimated times for deliveries and pick-ups are provided by the Vendors. Although these are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.

Service Disclaimers
We take special efforts to provide the information contained herein as reliable; however, we do not guarantee the accuracy or completeness of any information on this site. We do not warranty that this site and the server connected to it are free of computer viruses or other harmful components. All possible attempts are made to keep your information and data as confidential and we do not take any responsibility in case of your information or data loss or stolen by unlawful incidences. The information on this site is provided "As is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow exclusion of the implied warranties, so this disclaimer may not apply to you. Software compatibility: Technology keeps changing. We take efforts to make this product compatible to commonly used browsers such as Internet Explorer, Firefox and Chrome. Visitors and registered users are expected to use a computer or laptop and an internet connection to access this site, however, this service can also be accessed from tablets, palmtops and smartphones. Links to other sites: We makes no representations whatsoever about any other website that you may access from this website. When you access other website from this website, you should understand that such linked website is an independent entity and that we have no control over the content presented in linked website. A link to other website does not mean that we endorse or accepts any responsibility for their content, or the use, of such a website. It is up to you take precautions to ensure that whatever you select for your use is free of items such as virus, Trojan horse and other items of a destructive nature. Communications Not Confidential. BalajiFoods does not guarantee the confidentiality of any communications made by you through the BalajiFoods website. Although BalajiFoods generally adheres to the accepted industry practices in securing the transmission of data to, from and through the BalajiFoods website, you understand, agree and acknowledge that BalajiFoods cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the BalajiFoods website.

No implied warranties; limitations of liability.
No implied warranties. The BalajiFoods services, the BalajiFoods website and the content are provided "as is" without warranty or condition of any kind. To the fullest extent permitted by law, BalajiFoods disclaims all warranties, representations and conditions of any kind with respect to the BalajiFoods services, BalajiFoods website and the content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the BalajiFoods services, the BalajiFoods website or the content are or will be error-free or will operate without interruption. Exclusion of indirect damages. In no event will BalajiFoods or any member of the BalajiFoods group be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not BalajiFoods is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the BalajiFoods services, the BalajiFoods website or the content. No responsibility for vendors and couriers. Vendors and couriers offering goods or services through the BalajiFoods website are independent persons or organizations and not representatives, agents or employees of BalajiFoods. Balajifoods is therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any vendors or couriers or for any personal injury, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for the products or services offered by vendors or couriers.

Placing Orders
Once you navigate through BalajiFoods website, you may select from a menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to placing an Order. Once you have made your selection, you may proceed to place your Order. At this time, you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your Order, provide your payment card information. You are responsible to ensure that all of your Order details, including billing, delivery address and other information is current, complete and accurate. Your payment card will be charged when you place your Order if the Order is a Credit Card purchase order. Once you have placed your Order, you will not be entitled to change or cancel your Order and you will not be entitled to a refund (except where required by law). Notwithstanding that you are not entitled as of right to change or cancel your Order or be entitled to a refund (except where prohibited by law), if you wish to amend or cancel your Order for a total or partial refund of your Order’s price, you must get in touch with BalajiFoods email or the BalajiFoods support phone line at the contact information provided on the BalajiFoods website. Its request for users to avoid cancel order prior to 2 hours of delivery time.

Customer Care, Goods Contract, Third Party Couriers and Refunds.
BalajiFoods may offer customer care in respect of issues relating to the Vendors and the Couriers. If you have any problems, questions or suggestions with respect to the BalajiFoods or your Order, please contact BalajiFoods customer care team (and not the Vendor or Courier), email or phone at the contact information provided on the BalajiFoods website. The legal contract for the purchase of Goods will in all cases be between the Customer and the Vendor. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Goods between you and the Vendor by means of you placing Orders via the BalajiFoods website. We may act as agent for the Customer and the Vendor for the legal contract for the purchase and sale of the Goods. You acknowledge and agree that no member of the BalajiFoods group has any control over the quality of the goods or services offered by vendors and couriers and that no members of the BalajiFoods group will have liability to you for any problems caused by the vendor concerning your orders, including, without limitation, missed or late deliveries, missed goods items, and any problems with respect to the quality of the goods delivered including if goods cause illness, allergic reactions or have incorrect nutritional values.

Payment Processing Services
Payment processing services for the BalajiFoods website are provided by payment services providers as BalajiFoods may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize BalajiFoods to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the BalajiFoods website. You also agree that the BalajiFoods Group is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.

Price and Payment
Goods prices listed on the BalajiFoods website from Vendor in Canada are in Canadian dollars. Good prices include applicable tax. Payment for Orders must be made with an accepted credit through the BalajiFoods website ("Card Orders"). For Card Orders, you will be charged at the time of placing your Order. The BalajiFoods website uses the third party payment processors to effect charges onto your credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us. BalajiFoods or the Vendor is under no obligation to fulfill your Order at the incorrect price. Prices at the Vendor’s Goods in the Vendor’s physical location and at the BalajiFoods website may be different. Any such differences will not entitle you to a refund or a reduction in price of your Order. Goods’ prices, delivery charges and any other fees are subject to change at any time at BalajiFoods or the Vendor’s discretion.