Terms of Service

In short: The Services are not intended for use where restricted by local law.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In short: We own all IP in our Services. You may use our content for personal, non-commercial purposes only.

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by copyright and trademark laws and treaties around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Requests may be directed to: momoliang81@hotmail.com.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload. You confirm that you have read and agree with our Prohibited Activities, that any Submissions are original and do not constitute confidential information, and that you have full authority to grant us the rights described above.

In short: By using our Services, you confirm you are of legal age and will comply with these terms.

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Legal Terms;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorised purpose; and
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

In short: We do our best to display products accurately, but cannot guarantee all details are error-free.

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

In short: We accept Visa, Mastercard, Amex, and Discover. All payments are in Canadian dollars.

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update account and payment information as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in Canadian dollars.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

In short: All sales are final. Please contact us directly if there is an issue with your order.

Because our food is freshly prepared and perishable, all sales are final and we do not issue automatic refunds.

If your order is incorrect, missing items, or unsatisfactory, you must contact us within a day so we can verify the issue and make it right. Any replacements, credits, or refunds are handled on a case-by-case basis at our management's discretion.

In short: You may only use the Services for their intended purpose. The following activities are strictly prohibited.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Circumvent, disable, or otherwise interfere with security-related features of the Services;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
• Use any information obtained from the Services in order to harass, abuse, or harm another person;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Use the Services in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorised framing of or linking to the Services;
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Delete the copyright or other proprietary rights notice from any Content;
• Attempt to impersonate another user or person or use the username of another user;
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., spyware, web bugs, cookies for tracking);
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion thereof;
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
• Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services;
• Use a buying agent or purchasing agent to make purchases on the Services;
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; or
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

In short: If you submit any content, you represent that you have the right to do so and that it meets our standards.

The Services does not currently offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services ('Contributions'). Contributions may be viewable by other users of the Services and through third-party websites.

When you create or make available any Contributions, you represent and warrant that your Contributions:

• Do not infringe the proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party;
• Are original or you have the necessary licences, rights, consents, releases, and permissions to use and authorise us to use them;
• Are not false, inaccurate, or misleading;
• Are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, or mass mailings;
• Are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable;
• Do not ridicule, mock, disparage, intimidate, or abuse anyone;
• Do not violate any applicable law, regulation, or rule;
• Do not violate the privacy or publicity rights of any third party;
• Do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors; and
• Do not include offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

In short: You retain ownership of your contributions. We may use feedback you provide without compensation.

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

In short: We reserve the right to monitor, moderate, and manage the Services at our discretion.

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement;
• In our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
• In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are burdensome to our systems; and
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

In short: We care about your privacy. Please review our full Privacy Policy for complete details.

We care about data privacy and security. Please review our Privacy Policy at gordonsushihouse.ca/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in Canada. If you access the Services from any other region of the world, through your continued use of the Services, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.

In short: These terms remain in effect while you use the Services. We may terminate your access at any time, for any reason.

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

In short: We may change or discontinue the Services at any time without notice or liability.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

In short: These terms are governed by the laws of Canada, and disputes are handled in Canadian courts.

These Legal Terms shall be governed by and defined following the laws of Canada. Gordon Sushi House and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

In short: Disputes are first negotiated informally for 30 days, then resolved by binding arbitration in Guelph, Canada.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute'), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation, the dispute shall be finally resolved by arbitration in accordance with the United Nations Commission on International Trade Law Arbitration Rules in force at the time of commencement of the arbitration. The number of arbitrators shall be one (1). The seat of arbitration shall be Guelph, Canada. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Canada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The following Disputes are not subject to the above arbitration provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.

In short: We may correct errors or inaccuracies on the Services at any time without prior notice.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

In short: The Services are provided "as-is" without any warranties. Use them at your own risk.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

In short: Our liability to you is capped at the lesser of what you paid us in the prior 6 months or the amount paid for your specific order.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC ORDER.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

In short: You agree to hold us harmless from claims arising out of your use of the Services or breach of these terms.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Use of the Services;
• Breach of these Legal Terms;
• Any breach of your representations and warranties set forth in these Legal Terms;
• Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.

In short: You are responsible for data you transmit to the Services. We perform routine backups but are not liable for data loss.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

In short: You consent to receiving electronic communications. Electronic signatures are legally binding.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

In short: These Legal Terms are the entire agreement between you and us. If any part is unenforceable, the rest still applies.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

In short: Reach us by mail, phone, or email to resolve a complaint or request information.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: