Terms & Conditions
Effective Date: August 01, 2019
Updates to Terms. Sterno Delivery reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Site.
License to Visit the Site. Sterno Delivery grants you a non-exclusive, non-transferable, limited and royalty free license to access and use the Site and view the content thereon solely for the purposes described in these Terms. Sterno Delivery reserves the right to terminate the aforesaid license at any time and for any reason with or without notice to you. Except for allowing you to use the Site for your use as set forth in this paragraph, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Sterno Delivery. You understand that you have no rights to Sterno Delivery Marks or any other Sterno Delivery property except as we indicate in these Terms.
Copyright. The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Sterno Delivery. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Sterno Delivery or purchasing products from Sterno Delivery. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Sterno Delivery or to purchase products from Sterno Delivery. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in advance in writing by Sterno Delivery. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Trademarks. All trademarks, service marks and trade names of Sterno Delivery used in the Site are trademarks or registered trademarks of Sterno Delivery.
Disclaimer of Warranties. This Site and the materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sterno Delivery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sterno Delivery does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Sterno Delivery does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Sterno Delivery, its parent or its affiliates be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indicated, special, consequential, punitive or INCIDENTAL damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized ACCESS to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or non-performance of the Site, even if Sterno Delivery has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Sterno Delivery LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Sterno Delivery is AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
Typographical Errors. In the event that a product from Sterno Delivery is mistakenly listed at an incorrect price, Sterno Delivery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sterno Delivery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sterno Delivery shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sterno Delivery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice. Sterno Delivery may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Sterno Delivery.
Governing Law/Disputes. These Terms are governed by, and will be interpreted in accordance with the laws of Ontario, Canada, without regard to any choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of products from Sterno Delivery) shall be in the province or federal courts located in Ontario, Canada. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase ofproducts from Sterno Delivery) must be commenced within one (1) year after the claim or cause of action arises. Sterno Delivery failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Miscellaneous. These Terms and policies incorporated herein are the entire agreement between you and Sterno Delivery. They supersede any and all prior or contemporaneous agreements between you and Sterno Delivery relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Sterno Delivery to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. Sterno Delivery may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sterno Delivery or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer. Sterno Delivery does not and cannot review all communications and materials posted to or created by users accessing the Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Sterno Delivery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Sterno Delivery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sterno Delivery in its sole discretion.
Indemnification. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify, defend, and hold harmless Sterno Delivery, and its affiliates, and their respective its officers, directors, employees, agents, licensors and suppliers from and against any losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Third-Party Links. In an attempt to provide increased value to our visitors, Sterno Delivery may link to sites operated by third parties. However, even if the third party is affiliated with Sterno Delivery, Sterno Delivery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sterno Delivery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sterno Delivery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for Sites it links to as well (including if a specific link does not work).