Our Terms and Conditions were last updated on July 28, 2022

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.

Interpretation and Definitions 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:



• “Affiliate” means an entity that controls, is controlled by or is under common control with a party where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority 
• “Account” means a unique account created for You to access our Service or parts of our Service. 
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the James Place 
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. 
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes performance or features of our Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• “Website” refers to www.jamesplace.ca, accessible from https://www.jamesplace.ca
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

Acknowledgement 

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You and Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. 

User Accounts 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any branch of security or unauthorized use of Your account. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. 

By posting Content to the Service, You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. 

You represent and warrant that (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity. 
• Defamatory, discriminatory, or mean spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. 
• Spam, machine– or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. 
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. 
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person
• False information and features 

The Company reserves the right, but not the obligation, to , in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The company further reserves the right to make formatting and edits and change the manner of any content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. 

Content Backups 

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. 

The company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. 

You agree to maintain a complete and accurate copy of any content in a location independent of the Service. 

Copyright Policy

Intellectual Property Infringement 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email jamesplacerestaurant@gmail.com and include in Your notice a detailed description of the alleged infringement. 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (se 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a cop of the copyrighted work
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. 
• Your address, telephone number, and email address. 
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. 

You can contact our copyright agent via email jamesplacerestaurant@gmail.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. 

Ordering and Purchases

You may be able to purchase products on the Website and Your purchase of any such goods will be governed by this section, subject to any additional terms relating to a particular product (“Additional Terms”), which will be made available to You at or before Your time of ordering and will prevail over these Terms of Use in the event of a conflict.

By selecting a product, quantity, colour, and/or any other features required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a product on the Website. You may receive an email confirming that such order has been received by the Company, however: (a) any such order confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order prior to shipment of that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your order because of the unavailability of the ordered product or products for purchase, errors in product pricing information, or a product recall for one or all of the products You ordered. Shipment and processing of payment for each product in Your order will constitute the Company’s acceptance of that portion of Your order.

The Company does not represent or warrant that any products description, image, or other such content on the Website is accurate, complete, reliable, or current. If You deem that a product You purchased on the Website is not as described on the Website, Your sole recourse is to return that product to the Company for a refund. Please direct such return inquiries to jamesplacerestaurant@gmail.com. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on the Website.

By placing an order for a product or products on the Website, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at the time You confirm Your order. All prices quoted on the Website, including the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of payment will be charged for Your order or for each product in Your order as each portion of Your order is accepted by the Company and shipped. The Company reserves the right to reject Your order where the price of an ordered product has changed or was misstated on the Website; You may be provided an opportunity to accept such price change and continue with Your order. You are required to pay for all products shipped to You by the Company, even where such product is shipped to You as a result of an error by the Company, unless You return such product to the Company within 14 calendar days of Your receipt thereof. All payments owed by You are due no more than 30 calendar days after Your receipt of the product and/or order.

All information provided by You to the Company during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to the Company, You represent and warrant that You are the authorized owner of such payment method.

The Company may use third-party carriers to ship and deliver the products You order and the Company is not responsible for any loss or damage to any such products after the Company has delivered the products to a third-party carrier. Products You order may be shipped in one or multiple packages. Shipping costs provided to You during the check-out process are estimates only and are realized by the Company at the time of shipping. You agree to pay all shipping costs unless otherwise stated by the Company at the time of Your order, including without limitation any increase in the price of shipping or any duties or other such taxes.

The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on the Company’s exchange and returns policy jamesplacerestaurant@gmail.com.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision.