Terms and Conditions
Tips for securing your account and personal information
At Taiga, protecting our customers from malicious online threats is of utmost importance, and we have a number of security measures in place to protect your information and safeguard our systems.
While we’re working hard to keep your information secure, you can practice proactive cyber security to prevent common types of online fraud like account takeovers and credit card fraud. Keep reading to learn more about what you can do to keep your account and personal information safe.
For more information on strengthening your online security and avoiding compromised credentials, visit www.getcybersafe.gc.ca.
SECURE YOUR ACCOUNT
How Can I Secure My Account?
Always use a complex password (e.g., not “123456”)
Secure your account and personal information by using a complex password. Complex passwords include a mix of letters, numbers, and special characters. Don’t use information that’s easy for hackers to find, like your birth year or digits from your phone number.
Use a different password from other web accounts
Creating unique login credentials for each and every account you have online is one of the most important steps to securing your information. Having strong, unique login credentials for each account can prevent scammers from accessing each of your accounts at once.
Notify our support team if you notice unusual activity
If you’ve noticed unusual activity on your Taiga Japan House account, we strongly recommend that you change your password immediately. Notify our support team using the chat function on our website, and we’ll help you secure your account.
We strongly recommend that you also immediately contact your financial institution and payment card provider to stop any further transactions.
What Is An Account Takeover?
An account takeover is a type of fraud where an unknown third party uses stolen account credentials such as usernames, email addresses or passwords and attempts to gain access to other websites and platforms using those same credentials.
What Do I Do If I Notice Unusual Activity On My Account?
If you’ve noticed unusual activity on your account, we strongly recommend that you change your password immediately. Notify our support team using the chat function in the app or on our website or by emailing firstname.lastname@example.org we’ll help you secure your account.
We strongly recommend that you immediately contact your financial institution and payment card provider in the case the malicious third party has accessed that information.
CREDIT CARD FRAUD
What Is Credit Card Fraud?
Credit card fraud is when a malicious third party uses your credit card or credit card information to make a fraudulent purchase. In the case of credit card fraud, you may see unauthorized charges on your credit card statement, even on websites and e-commerce platforms that you do not have an account with.
How Does Taiga Japan House Store my credit Card Information?
Taiga Japan House uses leading North American payment providers, Moneries to deliver secure and reliable payment solutions that make the customer experience convenient, and dependable.
Although the first four and last four digits of your payment card number are visible in the account settings, we do not hold or store and additional payment information on our site. This payment information is securely processed by our reputable third party suppliers.
Why Is There An Unauthorized Charge To Taiga Japan House On My Credit Card?
If you notice an unauthorized charge to Taiga Japan House on your credit card, you may be a victim of credit card fraud. In this case, a malicious third party may have used your credit card or credit card information to make a fraudulent purchase with Taiga JapanHouse even if you do not have a Taiga Japan House account.
What Do I Do If I Suspect I Am A Victim Of Credit Card Fraud?
If you suspect that you have been a victim of credit card fraud, we strongly recommend you contact your financial institution and/or credit card provider immediately. Your financial institution and/or credit card provider can reach out to us for more information at email@example.com. You can also report credit card fraud to the Canadian Anti-Fraud Centre and/or seek assistance from your local authorities.
Taiga Japan House Restaurant . (“Taiga”, “we”, “our” or “us”) is committed to meeting its current and ongoing obligations under applicable Canadian laws respecting non-discrimination.
We understand that our obligations under the Accessibility for Ontarian and other applicable laws and their accessibility standards do not substitute or limit our obligations under the Ontario Human Rights Code or other applicable human rights codes, nor our obligations to people with disabilities under any other law. We are committed to complying with the Ontario Human Rights Code, and other applicable human right codes and accessibility legislation. In this Policy, “services” is used strictly because such term is used in the AMA, as applicable, the use of the Taiga Japan House platform by a customer and customer user support that we may provide.
We are committed to excellence in serving all stakeholders, including people with disabilities. Our accessible services policies are consistent with the principles of independence, dignity, integration and equality of opportunity for people with disabilities.
We will communicate with people with disabilities in ways that take into account their disability. In addition to our standard customer support system, we offer all kind of based support services on request for those customers for whom support represents a barrier. In all cases, we will work with the person with a disability to determine what method of communication works for them.
People with disabilities may use personal assistive technologies when using the Taiga Japan House services, such as screen readers and other software aids. We recognize that some aspects of our services currently may not be fully compatible with certain personal assistive technologies, and we are working on solutions to increase the options that our customers have. As a temporary measure, we will work with customers who are disabled by a barrier that prevents them from using our services to determine, on a case-by-case basis, whether any reasonable accommodations can be implemented to assist them in using our services.
People with disabilities are welcome to use their service animals when accessing our services. We recognize that customers may be accompanied by service animals when receiving deliveries from independently contracted couriers, or when visiting restaurants to collect pick-up orders. Couriers and US are responsible for complying with all applicable laws, including the obligation to reasonably accommodate service animals.
A person with a disability may be assisted by a support person to help them use our services. For example, a customer who is unable to interact with our website or apps as a result of a disability may use a support person to place an order on their behalf.
We will not charge additional fees for accommodating persons who are disabled by barriers. Exceptions may apply where we cannot reasonably accommodate such customers without the imposition of an additional fee. We do not currently charge any such fees.
We will provide accessible customer service training to all employees who provide services to customers, as well as anyone involved in developing our policies. These employees will be trained on accessible customer service as soon as reasonably practicable. Training will include:
A review of the Ontario Human Rights Code, the AMA, the Customer Service Standard Regulation, other applicable laws, and this policy;
How to interact and communicate with persons disabled by barriers;
How to interact and communicate with persons disabled by barriers who use assistive technologies or require the assistance of a support person or service animal; and What to do if a person is having difficulty using our services because of a barrier Staff will also be trained after material changes are made to our accessible customer service policies.
We welcome feedback on how we provide accessible customer support. Customer feedback will help us identify barriers and respond to concerns.
Customers who wish to provide feedback on the way we provide support to people with disabilities can contact us through any of our customer support methods. We will make sure our feedback process is accessible to people with disabilities by providing or arranging for accessible formats and communication supports, on request.
All feedback, including complaints, will be handled in the following manner:
If the feedback relates to an issue with existing order, or an order that a customer wishes to place, the support agent who initially receives the feedback will seek to resolve the issue directly with the customer at that time, to the extent reasonably possible.
If the feedback:
does not relate to an issue with an existing order, or an order that a customer wishes to place, or
if the support agent who receives the feedback is unable to directly assist the customer in resolving the issue at that time; the support agent will collect any further information from the customer that is reasonably necessary to respond to the feedback, including the customer’s preferred method of communication, and will forward the feedback to our accessibility coordinator.
Upon receiving feedback regarding accessibility, the accessibility coordinator will investigate the feedback as he or she determines is necessary in order to determine an appropriate course of action. In conducting his or her investigation, the accessibility coordinator may collect any further information from the customer that is required, and may consult internally with other members of our team. If the accessibility coordinator recommends any actions or changes to our policies, practices, and procedures, we will consider those recommendations and will respond in a manner that is consistent with our obligation to accommodate customers with disabilities, up to the point where such accommodations would cause us undue hardship.
The accessibility coordinator or a support agent will provide a response to the customer that provided the feedback within five (5) business days, to the extent reasonably possible. If a response cannot be provided within five (5) business days, we will advise the customer who provided the feedback of the timeframe within which we expect to be able to provide a response.
Customer support agents and our accessibility coordinator will ensure that all feedback received from a customer regarding accessibility, as well as actions taken in response to that feedback, are electronically documented.
All documentation relating to accessibility will be tagged accordingly to facilitate future retrieval, and will be preserved in accordance with our retention policies.
Customers who have provided feedback regarding accessibility may request a copy of the documentation that relates to their feedback, including documentation on any actions taken by us. We will provide such documentation within thirty (30) days of the request (to the extent reasonably possible), subject to applicable privacy law, legal privilege, or other valid legal reason that permits us not to provide the documentation or any portion thereof.
Notice of availability of documents
Taiga Japan House will notify the public that documents related to accessible customer service are available upon request by posting a notice on our website at www.taigajapanhouse.com. We will provide this document in an accessible format or with communication support, on request. We will consult with the person making the request to determine the suitability of the format or communication support. We will provide the accessible format in a timely manner and, at no additional cost.
Modifications to this or other policies
Any policies of Taiga Japan House that are inconsistent with this policy will be modified or removed to the extent required to comply with the AMA.
Taiga Website online store TERMS OF SERVICE
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE Taiga ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF Taiga’s WEBSITE LOCATED AT www.taigajapanhouse.com, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS Taiga MOBILE APPLICATIONS (TOGETHER THE Taiga PLATFORM APP AND THE WEBSITE CONSTITUTE THE “Taiga PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE Taiga website , INCLUDING USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE Taiga PLATFORM, USERS WHO DOWNLOAD THE TaigaPLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE Taiga PLATFORM AS A CUSTOMER. IF YOU ARE USING THE Taiga PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING Taiga PLATFORM OR THE Taiga SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE Taiga PLATFORM AND THE Taiga SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY US THAT MAY BE DELIVERED. YOU UNDERSTAND THAT Taiga’s TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT SKIP IS NOT A VENDOR OR COURIER NOR IS Taiga RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS.
BY ACCESSING, BROWSING AND USING THE Taiga PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE Taiga PLATFORM OR Taiga SERVICES OR ANY OF THEIR CONTENT OR SERVICES.
IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY SKIP IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Taiga will make a new copy of the Terms of Service available on the Taiga Platform. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the taiga Platform. Taiga may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Taiga Platform and/or the Taiga Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Taiga Platform and/or the Taiga Services. Otherwise, your continued use of the Taiga Platform and/or Taiga Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE TAIGA PLATFORM TO VIEW THE MOST CURRENT TERMS.
If you are accessing or using the Taiga Platform, these Terms of Service form an agreement between you and TaigaJapanHouse Restaurant (“Taiga”), a company incorporated under the laws of Ontario. use of the terms “Taiga”, “us”, “we” or “our” means Skip Canada.
If you are accessing or using the Taiga Platform,these Terms of Service form an agreement between you and Taiga Japan House. (“Taiga ”) For Users, use of the terms “Taiga”, “us”, “we” refers to Taiga Japan House.
Taiga officers, directors and employees, are referred to in these Terms of Service as the “Taiga Japan House”. For the avoidance of doubt, the Taiga does not include any third parties.
Users and Applicable Legal Terms
Definition of Users. The Taiga facilitates the ordering by consumers/end users of the Taiga Platform ("Customers") of food, drinks and other products (collectively "Goods") offered by restaurants, Collectively, Customers, constitute "Users" of the Taiga Platform and these Terms of Service apply to all Users.
Accurate Information. You represent and warrant that all information supplied by you on the Taiga Website (including information provided by you to create an account for use of the Taiga Website (a "Taiga Account")) or in connection with your use of the Taiga Services is true, accurate, current and complete.
Security of Taiga Accounts. Any Taiga Account must be kept secure and you agree that you will not share or disclose your Taiga Account credentials with anyone. No members of the Taiga will be liable for any loss or damage arising from your failure to safeguarding your Taiga Account, use a strong password or limit its use to your Taiga Account. You may browse some of the Taiga website without creating a Taiga Account.
Discretionary Access to Taiga Accounts. Taiga reserves the right to deny your request for a Taiga Account (including usernames) and to disable or terminate access to any Taiga Account (including usernames) issued to you at any time in Taiga’s sole discretion. If Taiga disables access to a Taiga Account issued to you, you will be prevented from accessing the Taiga Platform or the Taiga Services, your Taiga Account details, Orders or other information that is associated with your Taiga Account.
Suspension, Term, Termination and Deletion of Taiga Accounts. We may suspend or terminate your ability to access the Taiga Platform, or cease providing you with all or part of the Taiga Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Taiga Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Taiga Platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Taiga in its sole discretion and that no members of the Taiga will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Taiga Platform. Any suspension or termination of this Agreement by Taiga will be in addition to any and all other rights and remedies that Taiga may have.
Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Taiga Account be deleted, ceasing use of the Taiga Platform, the Taiga Services, thereof, if any. If you request deletion of your Taiga Customer Account, we may disable your Taiga Customer Account but keep the disabled Taiga Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the Taiga website, that your Taiga Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Taiga Platform.
Intellectual Property Terms
Content and Intellectual Property
Taiga Content and Intellectual Property Rights. The Taiga Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Taiga and protected by copyright, trade-mark and other intellectual property laws ("Taiga Content"). Taiga expressly reserves all rights in the Taiga Website and all materials provided by Taiga in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Taiga Platform, all materials provided by Taiga in connection with these Terms of Service (including the Taiga Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Taiga(or third party suppliers or licensors, if applicable), and that the Taiga Platform and all materials provided by Taiga hereunder are licensed and not "sold" to you.
Terms on Submissions/Feedback and Other User Content
Creating Submissions and Other User Content. Through the capabilities of the Taiga Website you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Taiga Website any material or content which does or may:
Breach any applicable local, national or international law;
Be unlawful or fraudulent;
Amount to unauthorised advertising;
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another’s privacy;
Give the impression that they originate from us; or
Be used to impersonate another person or to misrepresent your affiliation with another person.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Taiga Website.
Status of Submissions on the Taiga Website . We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Taiga Platform that we determine breaches the restrictions in Section above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Taiga Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the Taiga. User Content may reflect the opinions of Customers who have ordered through the Taiga Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Taiga assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
Public Display of Submissions. You acknowledge that Taiga may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Taiga’s discretion, and that such User Content may be visible to other Users and visitors to the Taiga Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
Availability and Updates
Taiga may alter, suspend, or discontinue the Taiga Website or Service at any time and for any reason or no reason, without notice. The Taiga Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Taiga may periodically add or update the information and materials on this the Taiga Website without notice.
While we try to ensure the Taiga website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no one will be liable to you if the Taiga website is unavailable at any time or for any period.
Taiga may upgrade or alter the Taiga website at any time. Taiga may remotely access the Taiga (including for greater certainty) at any time for any lawful reason, in particular to update the software or to perform software maintenance.
DISCLAIMERSTHE 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 Taiga website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Taiga including to Goods and prices described on it, at any time without notice. The material on the Taiga website may be out of date, and we make no commitment to update that material.
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 by us. However, we responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm or contact with us directly before ordering.
actions and omissions: The legal contract for the supply and purchase of Goods is between you and us. Without limiting the generality of the foregoing, you acknowledge and accept the following by using a
We will make sure that the food ordered from us through the Taiga Website will be of satisfactory quality or suitable for your purpose and we do have such warranties.
Estimated times for deliveries and pick-ups are provided by us and are only estimates. Neither we nor the Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
We accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if we rejects your Order. However, we do not guarantee that We will accept all Orders, and We have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
The foregoing disclaimers do not affect Customer’s statutory rights against us.
Viruses. The downloading and viewing of the Taiga website or the Content is done at your own risk. Taiga cannot and does not guarantee or warrant that the Taiga Platform or the Content are compatible with your computer system or that the Taiga Platform or the Content, or any links from the Taiga Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Taiga Platform.
Communications Not Confidential. Taiga does not guarantee the confidentiality of any communications made by you through the Taiga Platform. Although Taiga generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Taiga Website , you understand, agree and acknowledge that Taiga cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Taiga Platform.
NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.
NO IMPLIED WARRANTIES. THE TAIGA SERVICES, THE TAIGA PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TAIGA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE TAIGA SERVICES, TAIGA 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 TAIGA SERVICES, THE TAIGA PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL TAIGA OR ANY MEMBER OF THE TAIGA 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 TAIGA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE TAIGA SERVICES, THE TAIGA WEBSITE OR THE CONTENT.
LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE TAIGA IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE TAIGA SERVICES, THE TAIGA PLATFORM OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Taiga website including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use. THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH TAIGA WOULD NOT MAKE THE TAIGA PLATFORM AND/OR TAIGA SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification You agree to defend, indemnify and hold harmless , its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
your breach of these Terms of Service or any documents referenced herein;
your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or Taiga reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Taiga.
Governing Law and Dispute Resolution
Governing Law. These Terms of Service will be governed by the laws of the Province of Ontario, unless you access the Taiga website or receive the Skip Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Taiga Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the Taiga website and taiga Services or the Content, notwithstanding your domicile, residency or physical location. The Taiga Platform, the Taiga Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Dispute Resolution Process.
Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Taiga or any members of the Taiga, including any dispute or controversy arising out of or relating to these Terms of Service, the Taiga website or Taiga Services, any interactions or transactions between (1) you and (2) Taiga or any members of the Taiga restaurant or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us.
Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Taiga Restaurant.
Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
Notices. Taiga may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the taiga Platform or by email at the then-current email address for you on file with Taiga. Taiga may be contacted in writing at: Taiga Japan House, (905) 553 1855, email: firstname.lastname@example.org
No Waiver. Taiga’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
Force Majeure. Taiga will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Taiga’s reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail.
Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
Once you have created your Taiga Customer Account you may select Food from our 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 or select the cash payment option, if available, and an Order will be created and sent to the Restaurant. 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 Card Order (as defined in section 6(b)). 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 Taiga via chat, email or the Taiga support phone line at the contact information provided on the Taiga Platform.
We will make sure to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we may have the discretion to not confirm Orders. For Card Orders (as defined in section 6(b) below), Taiga will provide you with a refund of the price of your Order after communicating to you the non- confirmation or cancellation of your Order by us.
Because of standard banking procedures, once you have placed a Card Order and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is not confirmed by us or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that no members of the Taiga will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
You agree that Taiga will have no liability to you for Orders that are not confirmed, are cancelled or that we have been unable or unwilling to fulfill.
Customer Care and Refunds
Taiga may offer customer care in respect of issues relating to the Fiods and the Couriers. If you have any problems, questions or suggestions with respect to the Taiga website or your Order, please contact Taiga’s customer care team via chat, email or phone at the contact information provided on the Taiga website.
Skip may provide, in its discretion, the refund or compensation by payment to your payment credit or debit card or providing the Customer with Taiga Credits (as defined below).
Payment Processing Services Payment processing services for the Taiga Platform are provided by payment services providers as Taiga may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize Taiga 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 Taiga Platform. You also agree that the Taiga restaurant 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
Foods prices listed on the Website are in Canadian dollars, Foods prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price.
Payment for Orders must be made with an accepted credit or debit card through the Taiga Website("Card Orders") or in certain circumstances may be made by cash directly to us or courier ("Cash Orders"). If you choose a Cash Order, you must pay the taiga or courier, as applicable and are liable for failure to do so.
For Card Orders, you will be charged at the time of placing your Order. The Taiga website uses the third party payment processors to effect charges onto your debit or 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.
Foods’ prices, delivery charges and any other fees are subject to change at any time at Taiga’s discretion.
Pickup or Delivery You may have the ability to choose if you would like your Order to be picked up by you at the location ("Pickup Order") or delivered to you by a courier of the Taiga ("Delivery Order"). You may be provided a time for when the Pickup Order will be ready for pickup or when the Delivery Order will be delivered. These times are only an estimate and Taiga offer no guarantee that these times will be achieved. For a Pickup Order, you will arrive at the time provided and Taiga is under no obligation to remake or refund the Foods if you do not arrive when indicated.
*** Gift Card Terms and Taiga Credits
Taiga may grant you credit toward eligible purchases as set out in these terms ("Eligible Purchases") in the form of Taiga gift cards ("Gift Cards") or Taiga credit ("Taiga Credit"). When you purchase a Gift Card, you are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code ("Claim Code").
The Eligible Purchases that you may purchase using Gift Cards and Taiga Credit consist of Goods, including all fees and costs on the Order for those Goods which you are permitted to purchase in accordance with these Terms of Service. Taiga reserves the right to restrict the use of Gift Cards and Taiga Credit to comply with applicable law. Gift Cards and Skip Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for.
When you make a purchase from your Taiga Customer Account using Taiga Credit (including Taiga Credit from a Gift Card), the value of the Taiga Credit that you use for that purchase will be deducted from your Taiga Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Taiga Credit to pay for all fees and costs on your Order, including but not limited to the cost of Goods, delivery charges, tips, and taxes. Any unused Taiga Credit Balance will remain associated with your Taiga Customer Account. If the cost of an Order exceeds your Taiga Credit Balance, the remaining amount must be paid with another payment method.
Gift Cards and Taiga Credit do not expire. There are no fees associated with purchasing, using, or redeeming Gift Cards or Taiga Credit.
Gift Cards and Taiga Credit cannot be resold (except with the express written permission of Taiga), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Taiga Credit Balance may be transferred to another Taiga Customer Account or otherwise assigned or transferred to another person. Taiga Credit cannot be used in conjunction with Cash Orders.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Taiga is not responsible if any Gift Card is lost, stolen or destroyed, if your Taiga Credit Balance or any Gift Card is used without your permission, or if you lose access to your Taiga Customer Account.
Gift Cards and Taiga Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Taiga Credit grant.
Taiga has the right to void Gift Cards or Taiga Credit, close Taiga Customer Accounts and bill alternative forms of payment if it suspects that a Gift Card is obtained, used or applied to a Taiga Customer Account (or Taiga Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Taiga Platform.
For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Gift Cards or Taiga Credit
For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.