Last Updated: May 1, 2024
Welcome to East Side Mario's. These Terms and Conditions ("Terms") govern your use of the East Side Mario's website, mobile applications, and services (collectively, the "Services"), operated by East Side Mario's ("we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
You must be at least 13 years old to use our Services. If you are under the age of 18, you must have the consent of a parent or legal guardian to use our Services and to make any purchases.
Some features of our Services require you to create an account. When you create an account, you agree to:
We reserve the right to suspend or terminate your account if we determine that you have violated these Terms or if we believe that your actions may cause financial loss or legal liability for you, other users, or us.
When using our Services, you agree not to:
Our community is built on respect, kindness, and a shared appreciation for great food. When interacting with our Services, including posting reviews, comments, or participating in discussions, you agree to follow these guidelines:
We reserve the right to remove any content that violates these guidelines and to restrict or ban users who repeatedly violate them.
When you place an order through our website or mobile app, you agree to:
All prices listed on our Services are in Canadian dollars and do not include applicable taxes, delivery fees, or gratuities, unless otherwise specified. We strive to ensure that all pricing information is accurate, but errors may occur. We reserve the right to:
You agree to pay all charges associated with your order using an approved payment method. By providing payment information, you represent that you are authorized to use the payment method and agree to pay all charges incurred.
Your order is an offer to purchase our products. We reserve the right to accept or decline your order for any reason, including but not limited to:
We will make reasonable efforts to fulfill your order according to the specified time and location. However, we are not responsible for delays or inability to complete orders due to circumstances beyond our reasonable control.
You may be able to cancel or modify your order within a limited time after placing it. Please refer to our Refund Policy for more information on cancellations, modifications, and refunds.
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by East Side Mario's, our licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use our Services for your personal, non-commercial use only. You must not:
The East Side Mario's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of East Side Mario's or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
When you post, upload, or otherwise submit content to our Services (such as reviews, comments, or social media posts tagging us), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that:
To the maximum extent permitted by applicable law, East Side Mario's, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Our total liability to you for all claims arising from or relating to these Terms or your use of our Services, regardless of the form of action, shall be limited to the amount you paid to us for your orders during the six (6) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so some of the above limitations may not apply to you.
We strive to ensure that our Services are available at all times. However, we do not guarantee that our Services will always be available, uninterrupted, or error-free. We reserve the right to suspend, restrict, or terminate access to our Services at any time without notice for maintenance, updates, or other reasons.
We make reasonable efforts to ensure that the information on our Services is accurate and up-to-date. However, we do not warrant that such information is always complete, accurate, or current. Menu items, prices, ingredients, nutritional information, and allergen information may change without notice. If you have specific dietary restrictions or allergies, please contact the restaurant directly before placing an order.
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by East Side Mario's. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that East Side Mario's shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
You agree to defend, indemnify, and hold harmless East Side Mario's, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Before initiating any formal legal proceeding, you agree to contact us at [email protected] and attempt to resolve any disputes informally. If a dispute cannot be resolved informally within 30 days, either party may proceed with formal dispute resolution.
We may terminate or suspend your access to all or part of our Services, including your account, without notice or liability, for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and East Side Mario's concerning your use of our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and East Side Mario's regarding our Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of East Side Mario's.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable while preserving the intent of the provision. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, fire, flood, epidemic, pandemic, earthquake, other natural disasters, acts of terrorism, war, civil unrest, labor disputes, or other similar events.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Address: Flat 51e Holmes Ford East Alice NE63 8EL
Phone: +449746871705