Terms of Service

1. Definitions

   Account

   A unique profile created to access the Service.

   Company

   Airdrie Dash Delivery Ltd. (DBA Hungry Canadian).

   Customer

   A user who places an order through the Service.

   Merchant

   An independent business that lists products or services on the Service.

   Courier

   An independent delivery contractor who may deliver orders where applicable.

   Delivery Partner

   A third-party logistics provider that may deliver orders in certain circumstances.

   Service

   The Hungry Canadian website, mobile applications, and associated services.

   User / You

   Any individual or entity accessing or using the Service (including customers and merchants).

2. Eligibility and Account Registration

   Eligibility

   • You must be at least 18 years of age to create an Account and place orders through the Service.
   • The Service is not intended for individuals under 13.
   • If permitted by applicable law and our operational policies, limited use may be allowed for individuals 16+ under the guidance and responsibility of a parent or legal guardian.

   Account Registration

   • You are responsible for maintaining the confidentiality of your login credentials.
   • You agree to provide accurate, current, and complete information and to keep it updated.
   • You are responsible for all activity that occurs under your Account.

3. Use of the Service and Prohibited Conduct

   You agree to use the Service lawfully and in accordance with these Terms.

   Prohibited Conduct

   • Illegal, fraudulent, deceptive, or harmful activity.
   • Attempting to access, probe, or disrupt the Service, systems, or networks (including scraping or automated abuse).
   • Reverse engineering, copying, or creating derivative works of the Service, except as permitted by law.
   • Submitting false orders, abusing promotions, or attempting to evade fees.
   • Uploading content that is unlawful, infringing, or violates third-party rights.

4. Merchant Access and Agreement

   By creating a merchant account, accessing the merchant dashboard, uploading a menu, accepting orders, or otherwise using the Service as a merchant, you agree to be bound by these Terms and our Privacy Policy.

   If you do not agree, you must discontinue use of the Service and request account closure. Continued use constitutes ongoing acceptance of these Terms as updated.

5. Orders, Fulfillment, and Merchant Responsibilities

   Customers

   • Menu items, pricing, availability, and preparation times are provided by merchants and may change.
   • Delivery and pickup times are estimates and may vary based on availability and external conditions.
   • You are responsible for providing accurate contact and delivery information.

   Merchants

   • Merchants are responsible for menu accuracy, pricing, ingredients, allergens, preparation, quality, and fulfillment.
   • Merchants are responsible for complying with applicable health, safety, and consumer protection laws.
   • Merchants must fulfill accepted orders in a timely manner and communicate issues promptly.

   Third-Party Delivery Services

   In certain areas or circumstances, Hungry Canadian may use third-party logistics partners to facilitate delivery. You acknowledge and consent that we may share relevant order and delivery information (including customer name, phone number, address, and order contents) with delivery providers solely for fulfilling and tracking orders.

6. Payments, Fees, Promotions, and Taxes

   Payments

   By placing an order, you authorize us (and our payment processor) to charge your selected payment method for the total amount shown at checkout, including applicable fees, taxes, and any tips you choose to add.

   Fees and Changes

   • Fees and applicable charges are disclosed during checkout.
   • We may update fees from time to time. Continued use of the Service constitutes acceptance of updated fees.
   • Where practical, we will provide advance notice of significant changes through email or prominent notices within the Service.

   Promotions

   Promotions, discounts, and offers may be subject to additional terms, may be time-limited, and may be modified or discontinued at any time. Abuse of promotions may result in order cancellation or account action.

7. Refunds, Cancellations, and Chargebacks

   Refunds are evaluated on a case-by-case basis and, where permitted by law, may be issued at our discretion and/or in coordination with the merchant and delivery providers.

   Common Limitations

   Refunds may be declined where issues arise from circumstances beyond our reasonable control, including:

   • Incorrect or incomplete information provided by the customer.
   • Delays or disruptions due to weather, traffic, or other external factors.
   • Merchant or delivery errors (missing/incorrect items), where resolution is governed by merchant policies and platform processes.

   Refund Requests

   To request a refund or report an issue, contact support@hungrycanadian.ca within 24 hours of the issue. Supporting documentation may be required.

   Chargebacks

   If you initiate a chargeback, we may suspend review of refund requests while the chargeback is investigated. We may provide information to payment networks or processors as required to respond.

8. Communications (Email, Phone, and SMS)

   By using the Service, you consent to receive service-related communications (including order and account updates) via email, phone, or SMS where enabled. Promotional communications may be sent where permitted by law and your preferences.

   Where SMS is used, messages will include opt-out instructions such as “STOP”. Message and data rates may apply.

9. Intellectual Property

   The Service and all related content, trademarks, designs, logos, and materials are owned by Hungry Canadian or licensed to us. You may not reproduce, distribute, or modify any content without prior written consent, except as permitted by law.

10. Privacy

    Our collection and use of personal information are governed by our Privacy Policy. By using the Service, you consent to our data practices.

    Delivery Partner Information Sharing

    By placing an order that is delivered via a courier or delivery partner, you agree that your name, delivery address, phone number, order details, and delivery-status updates may be shared with that provider solely for the purpose of completing and tracking your order.

11. Termination and Account Closure

    We may suspend or terminate access to the Service if we believe you have violated these Terms, engaged in fraud or harmful activity, or created risk to the Service, merchants, users, or partners.

    You may request account closure at any time through available account settings (where provided) or by contacting support@hungrycanadian.ca.

12. Disclaimers

    The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

    To the fullest extent permitted by applicable law, Hungry Canadian will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of the Service.

    Without limiting the above, Hungry Canadian is not responsible for delays or failures caused by external factors (including weather and traffic), inaccuracies in merchant-provided information (including menus), or losses due to unauthorized access to your Account.

14. Indemnity

    You agree to indemnify and hold harmless Hungry Canadian, its directors, officers, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any rights of a third party.

15. Dispute Resolution and Governing Law

    Any dispute arising out of or relating to these Terms or the Service should first be addressed through good-faith discussions with us.

    If not resolved, to the extent permitted by law, disputes will be governed by the laws of the Province of Alberta and the applicable federal laws of Canada. The courts located in Alberta will have exclusive jurisdiction, unless the parties agree to a lawful alternative dispute resolution process.

16. Force Majeure

    Hungry Canadian will not be liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, natural disasters, strikes, internet outages, governmental orders, or pandemics.

17. Changes to These Terms

    We may update these Terms periodically. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the Service constitutes acceptance of the updated Terms.

18. Contact Us

    For questions or concerns about these Terms:
    Email: support@hungrycanadian.ca

Acknowledgment: By accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.