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Suite 2-3, 10610 Bayview Avenue, Richmond Hill, Ontario, L4C 3N8
Phone: (905) 737-1628
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1. INFORMATION ABOUT US
1.1 In these terms and conditions, the words “we”, “us”, “our” and similar expressions refer to GOGO Chicken Pot, an Ontario company, whose head office address is at Suite 2-3, 10610 Bayview Avenue, Richmodn Hill, L4C 3N8.
2. SERVICE AVAILABILITY
2.1 Our Site, web applications and mobile applications are only intended for use by people residing in selected parts of Ontario (Serviced Territory). We do not accept orders from individuals outside the Serviced Territory.
3. YOUR STATUS
By placing an order through our Site, web applications or mobile applications, as applicable, you warrant that:
3.1 You are legally capable of entering into binding contracts; and
3.2 You are at least 18 years old;
3.3 You are resident in the Serviced Territory; and
3.4 You are accessing our Site, web applications or mobile applications, as applicable, from the Serviced Territory.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order through our standard order form on our Site, web applications or mobile applications, as applicable, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products, subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). We may choose not to accept any orders in our sole discretion. The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
5. VOUCHERS AND GIFT CARDS 5.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder of the Voucher (Holder) to receive delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the Holder upon the earlier of (a) payment for the Voucher, if applicable; and (b) when the Holder redeems the Voucher by applying for a Service to commence.
5.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
5.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
5.4 Vouchers may only be redeemed through our Site, web applications or mobile applications and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
5.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates, unless stated otherwise. Discounts do not apply to any separate add-on charges or premium charges made through your account.
7. RISK AND TITLE
7.1 The Products are sold “FOB Destination, Freight Prepaid and Added”, at your specified delivery address.
7.2 Transfer of title and risk occurs when the Products arrive and are delivered at your specified delivery address.
7.3 The Products will be at your risk from the time of delivery at your specified delivery address.
7.4 To maintain the integrity of Products after delivery, we recommend that you immediately refrigerate or freeze perishable items.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges, if any, will be as quoted on our Site, web applications or mobile applications from time to time, except in cases of obvious error. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
8.2 Product prices exclude applicable taxes. A 13% HST will added to all product prices and our delivery charges listed on out Site, web applications or mobile applications.
8.3 Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.4 Payment for all Products and Services must be by credit card, Wechat, Alipay or PayPal. We accept payment with American Express, Visa, Mastercard, Union Pay, via PayPal and via Alphapay. We reserve the right to change the payment methods we accept at any time.
9.5 You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card, PayPal account, wechat account or Alipay account for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
10. OUR REFUNDS POLICY
10.1 All Products orders that submitted on our Site, web application and mobile application are in final purchase condition. We will not make refund for any products.
11. LIMITED WARRANTY AND DISCLAIMER
We warrant to you that any Products purchased from us through our Site, web applications or mobile applications will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
Our responsibility for defective Products is limited to replacement. Our responsibility for defective Services is limited to re-performance.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY, AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
12. OUR LIABILITY
12.1 If we fail to comply with these terms and conditions, we shall only be liable to you for, at most, the purchase price of the Products.
12.2 Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.3 You agree to defend, indemnify and hold harmless us, our affiliates and licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these terms and conditions or your violation of any law or the rights of any third party with respect to the Site, our web and mobile applications, the Products or the Services. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you here-under, and you shall cooperate as fully as reasonably required by us.
13. WRITTEN COMMUNICATIONS
By submitting your email to GOGO Chicken Pot, you are indicating an interest in GOGO Chicken Pot and may receive email marketing communications.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, web applications or mobile applications you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website or via our web applications or mobile applications in our sole discretion. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to GOGO Chicken Pot at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13.4 These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than you.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner or the licensee of all intellectual property rights in our Site, web applications and mobile applications whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any pages from our Site, web applications and mobile applications for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
14.3 If you post comments or reviews on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from or repost your Commentary on our Site, web applications and mobile applications and in any advertising or social media outlets that we may create or contribute to.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action; 17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 Impossibility of the use of public or private telecommunications networks; and
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.4 Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 16.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 18.4 Nothing in this clause limits or excludes any liability for fraud.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time for any reason including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. 19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products from us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ontario law and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Ontario. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the courts of Ontario; and (ii) that the Products and the Services shall be deemed passive that do not give rise to personal jurisdiction over GOGO Chicken Pot, either specific or general, in jurisdictions other than Ontario.
We, GOGO Chicken Pot, are committed to protecting and respecting your privacy. This policy (together with our Terms and Conditions and any other documents referred to herein or therein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We may collect and process the following data about you:
Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our Site and of the fulfilment of your orders.
Details of your visits to our Site or services via any web application, mobile application or other platform or device, including, but not limited to, traffic data, location data, weblogs and other communication data, device information, whether this is required for our own billing purposes or otherwise and the resources that you access.
In addition, if you access our Site using one of our mobile applications, we may use technology to collect the following information:
Details of your access to and use of the application, including traffic data, rough location data (not including GPS location), logs and other communication data and the pages or resources that you access and use on or through the application.
Information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, app store account information and the device’s telephone number.
If you do not want us to collect this information, do not download our mobile applications or delete them from your devices. We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking).
IP addresses, cookies and disclosure to third party social media, advertising, and service providers We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This aggregate information is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using cookies (a cookie is a small text file that is saved on the hard drive of your computer). Cookies help us to improve our Site and to deliver a better and more personalised service.
They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our Site according to your individual interests.
To speed up your searches.
To recognise you when you return to our Site.
When you use our mobile applications, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Advertisers, ad networks and ad servers.
Your mobile device manufacturer.
Your mobile service provider.
We rely on third party analytics companies and customer notification & relationship management service providers to monitor, provide and improve our mobile applications and the delivery of our Services.
These and other third parties may use tracking technologies to collect information about you when you use our mobile applications. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Where we store your personal data
To ensure that content from our Site and mobile applications is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
For the purposes described above under “IP addresses, cookies and disclosure to third party social media, advertising, and service providers”.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone. If you are an existing customer, we may also contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this, and where it is permitted under law. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. Disclosure of your information We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, in furtherance of the purposes set forth above, and as reasonably required to manage our business. We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If GoGo Chicken Pot or substantially all of its assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of GoGo Chicken Pot, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.