Terms & Conditions

The following are Smart Cater’s terms and conditions for use of their website, www.smartcater.ca

Any reference to the “website” involves www.smartcater.ca or other marketplace, web services, tablet/mobile applications, software, or media run by Smart Cater.

Through the use of this “website”, you comply with these terms and conditions.

What We Offer

Customers can use the Smart Cater website for free. Smart Cater offers the following services accessed by apps and the website:

Intellectual Property Rights

The Smart Cater website might feature information, content, or links to third-party websites, which may include menus, photos, and reviews of local cafes/restaurants/food trucks/caterers/catering facilities.

All graphics, text, photos, user interfaces, logos, and trademarks which includes (but isn’t limited to) the structure, design, options, organization, expression, layout and experience, and coordination of such content found on Smart Cater’s website is controlled, owned, or licensed either to or by Smart Cater, and is protected by patent, copyright, and trademark laws, and several other unfair competition laws and intellectual property rights.

You might use details on the Smart Cater website only for non-commercial purposes. You may not reproduce, copy, upload, republish, post, share publicly, translate, encode, or distribute such details in any way to another server, computer, website, or other media for distribution or publication or for any commercial enterprise without prior written permission from Smart Cater. By consenting to Smart Cater (which includes but isn’t limited to restaurant ratings, feedback, and comments) you permit Smart Cater to possess this intellectual property and permission to use it any way the company decides to, to the fullest extent allowed by law.

Contents Submitted by Users

You confirm that, upon sending suggestions, ratings, questions, comments, or post other relevant details with videos, photos, or blogs on this website, you give Smart Cater the royalty-free, non-exclusive, irrevocable, perpetual, and completely sub-licensable right to reproduce, use, adapt, modify, translate, publish, distribute, develop derivative works from, and display such content in any media, form, or technology. Smart Cater is not responsible and doesn’t assume any liability for content submitted or posted by you or other users. You guarantee to Smart Cater that any such material offered by you doesn’t violate the intellectual property rights of any individual/organization and agree to indemnify Smart Cater against statements of any type resulting from any violation by you of that guarantee, which includes legal fees based on indemnity.

Ratings and Reviews Platform

The Smart Cater ratings and reviews platform is a forum for customers to offer feedback on an order they placed through the website’s ordering system. These reviews can be replied to by caterers. Reviews are limited to one per order.

Abiding by Canadian Consumer Law, Smart Cater has the right to leave out any ratings/reviews this website receives that doesn’t comply with our Policy for Content Moderation. This policy permits the exclusion of all reviews and replies by Caterers that are: not related to the experience with a specific food supplier; that might be abusive, offensive, discriminatory, or defamatory to food suppliers or customers; or that feature links that point to external websites. Smart Cater’s content team monitors all replies and reviews to ensure Policy compliance.

The ratings and reviews offered on the website are based solely on the opinions of customers of Smart Cater and don’t represent the company’s thoughts. They are offered strictly for informational intentions and aren’t constituted as recommendations. Smart Cater won’t edit or remove reviews that the company believes would violate Canadian Consumer Law.

Liability Limitation

To the fullest extent allowed by law, the Smart Cater’s liability to you for any losses (which includes injury, death, or illness) stemming from anything related to these Terms of Use, by using our apps or website because of our violation of these Terms of Use, or our negligence, won’t be greater than $500. Smart Cater is not responsible for any special losses, consequential losses, or indirect losses, revenue losses, data losses, or system unavailability stemming from your use of its website, services, or apps.

Smart Cater isn’t liable for any typographical or photographic mistakes related to any information or description of a specific caterer. Smart Cater assumes no responsibility for any bad food or negative experiences from any of the suppliers you ordered food from. Because Smart Cater doesn’t have any contractual involvement with your orders or similar dealings with these Participating Food Suppliers, Smart Cater will not get involved in any dispute resolution that occurs between any Participating Food Suppliers and you.

Smart Cater is not responsible for any mistakes, acts, or omissions of advertisers, third-party users, or sponsors on the Smart Cater website. Smart Cater is not liable for the services, products, mistakes, actions, or omissions of any service offered by any third-party, including Food Suppliers (Participating Caterers), with regards to the Smart Cater website.

For Caterers (Vendors/Food Suppliers) 

As a Smart Cater Caterer/Partner/Vendor/Food Supplier to customers, it is your responsibility to maintain the food business registration/license with your local council and comply with the standards of food safety based on the food you serve. You will, as a caterer, maintain insurance for the food company according to the food classification you provide. We might ask for a copy of the food business insurance and license for the purposes of verification.

Promotions and Coupons

Occasionally, Smart Cater might provide coupons, gift cards, or promotions to its members, either for a value or for free. At times, Smart Cater might allow Participating Food Suppliers to provide their own promotions or coupons to use in association with orders of beverages or food.

Any coupons, promotions, or gift cards provided through the Smart Cater website can’t be refunded or redeemed for cash, nor can they be used past their expiration dates.

It is your responsibility to keep any website or app promotion, gift card, or coupon secure. Smart Cater is not liable for any damage or loss of those promotions, gift cards, or coupons and doesn’t have any obligation to replace them. Smart Cater is not obligated to redeem any promotions, gift cards, or vouchers that they believe to have been forged or tampered with.

Term Modifications

Subject to law and in its discretion, Smart Cater might occasionally modify or update the Terms of Use. Smart Cater suggest that you thoroughly go through the Terms of use each time you visit the website to be mindful of your rights with regards to any changes made.

Minimum Order Amount

If there is a minimum order required by a caterer, then that amount must be met after applying any promotions or discounts that lower the complete amount of the order.

Warranty Disclaimer

Smart Cater invites you to use this website at your own risk, and consume the content on the site on an “as-is” basis. All content is considered to be complete, accurate, reliable, and current at the time the content was added to the website. Smart Cater, nor any of its respective officers, directors, agents, or employees, make any warranty or representation as to the completeness, accuracy, reliability, or currency of the details found on this site (which includes any related services or products. To the fullest extent allowed by law, Smart Cater disavows all kinds of warranties, whether implied or expressed, which includes (without limits) conditions of merchantability or implied warranties.

Indemnity and Release

You agree to indemnify, release, and hold Smart Cater and (as applicable) officers, affiliates, agents, directors, and staff, harmless against and from any demands, claims, losses, proceedings, and damages (special, actual, and consequential) of all types and nature, unknown and known, which includes legal expenses on the indemnity basis, in relation to or resulting from the service offered by Smart Cater, which includes those made by any third-party stemming out of your violation of these Terms of Use, or your breach of the rights of a third-party or any law.

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