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Warehouse Group Restaurants Ltd. Terms of Use

Last Updated: February 26, 2025

PLEASE TAKE THE TIME TO REVIEW THESE TERMS OF USE THOROUGHLY BEFORE ENGAGING WITH THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS, WE ASK THAT YOU REFRAIN FROM ACCESSING, USING, OR AGREEING TO THEM.

These Terms of Use (referred to as “Terms”) form a binding agreement between you (the “user” or “you”) and Warehouse Group Restaurants Ltd., including its affiliates, subsidiaries, or successors (collectively, “Warehouse Group,” “we,” “our,” or “us”). The website located at www.warehousegroup.ca, along with any other sites or apps we may operate (together, the “Site” or “Sites”), is owned and managed by Warehouse Group unless stated otherwise. Your ability to use this Site and the associated services, whether online or offline (collectively, the “Services”), depends on your acceptance of these Terms. By interacting with or utilizing the Services, you confirm that you’ve read, comprehended, and agreed to abide by these Terms. If you’re unwilling to accept them, you are not permitted to use or access the Services.

**ARBITRATION NOTICE:** UNLESS SPECIFIC DISPUTES ARE EXCLUDED AS NOTED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, OR YOU CHOOSE TO OPT OUT AS DESCRIBED THEREIN, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND WAREHOUSE GROUP, OR OTHER PARTIES MENTIONED HERE, MAY BE SETTLED THROUGH BINDING INDIVIDUAL ARBITRATION AT EITHER PARTY’S DISCRETION. THIS MEANS YOU FORFEIT YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS, COLLECTIVE, REPRESENTATIVE, OR SIMILAR LEGAL ACTIONS IN COURT OR ARBITRATION.

We may, at our discretion, modify: (i) these Terms; (ii) aspects of the Services, such as adding, altering, or discontinuing features, content, or availability; (iii) any fees associated with the Services; and (iv) the technical requirements for accessing them.

Additional or different terms may apply as our relationship with you evolves, and we encourage you to examine these carefully since they could affect your rights. Updates to these Terms take effect immediately upon being posted to the Site. We recommend checking back regularly to stay informed about the latest version.

1. ACCEPTANCE OF OUR PRIVACY POLICY

Warehouse Group is dedicated to safeguarding the privacy of Service users. Please take a moment to read our Privacy Policy, which is part of these Terms by reference. Using the Services indicates your agreement to comply with the Privacy Policy.

By engaging with the Services, you permit us to communicate with you electronically through the Services, email, or other means. You’re expected to supply accurate, up-to-date, and complete details about yourself when using the Services and to keep this information current.

Where allowed by law, Warehouse Group may employ machine learning or artificial intelligence technologies to process your personal data automatically. You also recognize that some Service features might involve interactions with such technologies.

2. SITE USAGE

Accessing this Site from outside Canada or the United States is at your own risk, and you’re responsible for adhering to applicable local, national, or international laws. Be aware that the Site and Services may not be accessible everywhere, and it’s your duty to confirm their legality in your region.

Certain jurisdictions may restrict participation in activities offered via the Site or Services, including age or contractual limitations. By using the Site, you confirm that you’ve ensured it’s permissible for you to do so where you are. Our Services are not aimed at residents of the European Union or European Economic Area.

3. ELIGIBILITY REQUIREMENTS

You affirm that you: (a) are of legal adult age in your area; (b) have not been previously banned or removed from the Site or Services; and (c) possess the authority to agree to these Terms without conflicting with other commitments.

4. SERVICES AND ACCOUNT DETAILS

To utilize specific Services, you might need to provide information to set up an account (“Account”). When doing so, you’ll need to accept these Terms fully. Rejection of these Terms means you cannot create an Account or use those Services.

You promise to always: (i) submit truthful, current, and complete information when registering or as requested; and (ii) update your details (like your email) to keep them accurate. If we suspect your information is false, outdated, or incomplete, we may suspend or terminate your Account, limit your Service privileges, or deny future access.

During registration, you’ll select a username and provide an email, which we may use to identify you. You’re responsible for keeping your username, ID, and password confidential. All Account activity, authorized or not, falls under your responsibility, and you must ensure it aligns with these Terms. Avoid choosing a username that violates third-party rights or is inappropriate, offensive, or illegal. Sharing your access rights with others is prohibited.

By joining an SMS program via a form or other method, you consent to receiving text messages from Warehouse Group for purposes like reservation confirmations or reminders. Message frequency varies, and standard rates may apply. Text STOP to unsubscribe or HELP for support, or visit www.warehousegroup.ca. See our Privacy Policy at www.warehousegroup.ca/privacy.

WE ARE NOT LIABLE FOR ANY UNAUTHORIZED ACCOUNT USE BEYOND OUR CONTROL.

If your actions hinder others’ enjoyment of the Services, we may, at our discretion, edit or remove content or terminate your Account. You can delete your Account or end subscriptions anytime, though these Terms’ obligations persist post-termination.

You might also log in via third-party accounts (e.g., OpenTable), governed by their respective terms. WAREHOUSE GROUP IS NOT RESPONSIBLE FOR ISSUES ARISING FROM SUCH THIRD-PARTY ACCOUNTS.

5. MOBILE ACCESS

Using a mobile device to access mobile-optimized Services or apps includes these additional terms.

Wireless availability may vary due to location, device, or provider changes. You’re solely responsible for any data or message fees from mobile use, payable to your provider. Check with your provider for details.

6. ELECTRONIC COMMUNICATIONS

By using the Site, enrolling in Services, creating an Account, or submitting information electronically with your acceptance, you agree to: (i) electronic communications from us; (ii) receiving electronic notices, disclosures, or agreements (“Records”); and (iii) conducting transactions with electronic signatures. Legally, these have the same weight as paper signatures or contracts. Electronic notices meet written communication requirements. You’ll need a device, internet, email, and PDF capabilities to engage electronically. You’re responsible for retaining Records. To request paper copies, withdraw electronic consent, or get help, contact us at privacy@warehousegroup.ca. Prior transactions remain valid.

7. YOUR CONTENT

You bear full responsibility for any content or information (“User Content”) you share with Warehouse Group or the Services, such as feedback or inquiries. By submitting User Content, you grant Warehouse Group a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, distribute, or otherwise utilize it in any medium, without compensation. This includes using it for marketing purposes, potentially with your personal details or likeness.

Your User Content must comply with laws and third-party agreements you’re aware of. You may not submit content that is:
– offensive, inaccurate, abusive, obscene, threatening, harassing, defamatory, or illegal, or that violates others’ rights (e.g., privacy or intellectual property);
– violent, vulgar, pornographic, or sexually explicit;
– harmful or infringing on third-party rights (e.g., copyrights, privacy);
– illegal or promoting illegal acts like fraud or harassment;
– off-topic, disruptive (e.g., spamming), or in violation of Site rules; or
– misleading, impersonating others, or suggesting you represent Warehouse Group.

We may, but aren’t required to, monitor or review User Content and can remove it if it breaches these Terms, harms our reputation, or poses risks. We may also block your access to Services for any reason. We can disclose your Account or User Content if legally required or to enforce these Terms, protect rights, or address claims.

If you hold moral rights in User Content, you waive claims to attribution or objections to its use by Warehouse Group or its affiliates, releasing us from related claims. Other users may use your Content for personal purposes. User Content isn’t confidential, and we may use it as we see fit without attributing authorship.

We don’t guarantee monitoring, fact-checking, or specific actions regarding disputes over these Terms. We don’t pre-screen content, so you might encounter material that’s offensive or non-compliant.

8. OUR CONTENT

Warehouse Group may provide materials like text, graphics, videos, or software (“Warehouse Group Materials”) through the Site. These, along with the Site’s design, belong to Warehouse Group or its licensors and may be protected by intellectual property laws. Trademarks and logos are ours or our licensors’, and you may not use them without permission.

Using the Services gives you a non-exclusive, non-transferable license to use Warehouse Group Materials for personal purposes only. These materials: (i) are for personal use; (ii) cannot be altered or used in derivative works without our written consent; (iii) must not be processed by AI or automation tools; and (iv) must follow any accompanying license terms.

9. INTELLECTUAL PROPERTY RIGHTS

All content, materials, and intellectual property on the Services (e.g., designs, logos, trademarks) belong to Warehouse Group or third parties, protected by applicable laws. You may view or copy Service pages for personal, non-commercial use or to transact with us, but not for public or commercial purposes without our explicit consent. You must not alter proprietary notices or tokenize content.

10. INTELLECTUAL PROPERTY VIOLATIONS

Warehouse Group respects others’ intellectual property and expects you to do the same. We may terminate access for users infringing these rights. If your work is infringed on our Site or Services, notify our agent at legal@warehousegroup.ca with:
– Your signature (physical or electronic);
– Details of the infringed work;
– Identification of the infringing material and its location;
– Your contact info;
– A good-faith belief the use isn’t authorized; and
– A sworn statement of accuracy and authority.

Misrepresenting infringement may lead to liability under the Copyright Act. If we remove your content per a DMCA notice, you can counter-notify our agent with your details and a belief the removal was erroneous, consenting to jurisdiction where we’re located. We may terminate repeat infringers’ access.

11. SERVICE AVAILABILITY

We don’t guarantee uninterrupted, secure, or error-free Site or Services and may suspend them without notice.

12. INTERNET ACCESS

You’re responsible for securing and maintaining internet and equipment to use the Site and Services, including all related costs. The internet isn’t fully secure, and we’re not liable for communication issues.

13. SITE ACCURACY

We don’t ensure the Site or Services’ information is accurate, current, or complete and may update or correct it without notice.

14. EXTERNAL LINKS

Links to external sites or resources on our Site aren’t controlled by us, and their inclusion doesn’t mean endorsement. We’re not liable for their content or actions.

15. SECURITY MEASURES

We don’t guarantee Site security against unauthorized access and aren’t liable for losses from device theft or misuse. Notify us of unauthorized use via the contact details below. Internet issues or viruses may affect use, and we recommend protective software. WAREHOUSE GROUP ISN’T LIABLE FOR DAMAGE FROM VIRUSES OR HARMFUL FILES DUE TO SITE USE.

16. SEVERABILITY AND NON-WAIVER

If a Term is unenforceable, it won’t affect the rest. Our non-enforcement of any Term isn’t a waiver of future enforcement. Sections like Security, Disclaimers, Liability, Indemnification, Termination, and Arbitration survive these Terms’ end.

17. DISCLAIMERS: “AS-IS” PROVISION

THE SITE, SERVICES, AND WAREHOUSE GROUP MATERIALS ARE OFFERED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE. WE DON’T GUARANTEE THEY’LL MEET YOUR NEEDS. NO ADVICE FROM US CREATES UNSTATED WARRANTIES. USE IS AT YOUR RISK, AND WE’RE NOT RESPONSIBLE FOR EQUIPMENT OR DATA COSTS FROM USE. Some jurisdictions may limit disclaimers, applying this to the extent allowed.

18. LIABILITY LIMITATIONS

YOU AGREE THAT WAREHOUSE GROUP AND RELATED PARTIES (“PROTECTED PARTIES”) AREN’T LIABLE FOR ANY DAMAGES FROM SITE OR SERVICE USE. YOU WAIVE CLAIMS AGAINST THEM, INCLUDING FOR NEGLIGENCE. OUR MAXIMUM LIABILITY, WHERE NOT EXCLUDABLE, IS THE LESSER OF YOUR PAYMENTS TO US IN THE LAST 12 MONTHS OR $10 USD, COVERING ALL DAMAGES. Some areas may not allow such limits, applying this to the fullest legal extent.

19. INDEMNITY

You’ll defend and hold harmless Warehouse Group and Protected Parties from claims, losses, or costs (including legal fees) due to your Service use or Terms violations. We’re not liable for damages from your inability to use the Services. This applies as permitted by law.

20. TERM AND ENDING ACCESS

We may allow Site and Service use per these Terms but can alter or end access anytime without notice or liability. Termination requires you to stop using them immediately.

21. ARBITRATION AND CLASS ACTION WAIVER

**READ THIS SECTION CAREFULLY AS IT IMPACTS YOUR RIGHTS.**

**Arbitration Agreement.** Unless excluded below, Warehouse Group and related Transaction Parties may opt for binding arbitration under AAA Consumer Rules to resolve disputes with you about Service use, these Terms, or our relationship, instead of court.

**Dispute Definition.** “Dispute” covers all claims related to Service use or these Terms, past or present, under any legal theory. Exceptions include intellectual property validity (for courts) and small claims within jurisdictional limits.

**Law.** The FAA governs arbitration, with limited court review. Arbitrators apply substantive law and can award individual relief.

**JURY WAIVER.** YOU WAIVE JURY TRIAL RIGHTS IF ARBITRATION IS CHOSEN.

**Process.** Arbitration starts via AAA or court motion, with fees per AAA rules. Hearings, if needed, occur near you.

**CLASS WAIVER.** Disputes are individual only, not class or collective actions, to the fullest extent under FAA.

**Survival.** This section outlasts these Terms’ end. If parts are invalid, others remain unless class action limits are unenforceable, nullifying arbitration for that dispute.

**Opt-Out.** Send a written opt-out within 30 days of Service application to PO Box 143 Stn Main, Port Coquitlam, BC, Canada, V3C 3V5, with your details and “opt out” statement.

22. MODIFICATIONS

Review these Terms often. We may change Services or Terms anytime, posting updates with a new “Last Updated” date. Continued use means acceptance. Arbitration changes won’t harm your rights without an opt-out option.

23. GENERAL TERMS

These Terms are the full agreement on this subject, overriding prior ones. No waiver of breaches applies to others. They’re governed by British Columbia or Washington law (except U.S. federal IP law), with disputes settled individually in those jurisdictions. You can’t assign these Terms; we can without notice.

24. CONTACT US

Reach us about the Site, Services, or Terms at privacy@warehousegroup.ca, 604 564 6440, or PO Box 143 Stn Main, Port Coquitlam, BC, Canada, V3C 3V5.