Terms & Conditions

1. Introduction

Welcome to Barburrito. These Terms & Conditions govern your use of our website (barburrito.ca), mobile application, and the services we provide. By accessing our website, placing an order, or using our services, you agree to be bound by these Terms & Conditions.

Please read these terms carefully before using our services. If you do not agree with any part of these terms, you must not use our website or services.

2. Use of Our Website and Services

2.1 Account Registration

To place orders through our website or mobile app, you may need to create an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Eligibility

You must be at least 13 years of age to use our website and 18 years of age to create an account or place orders. If you are under 18 but at least 13 years old, you may use our website only with the involvement and consent of a parent or legal guardian.

2.3 Acceptable Use

When using our website and services, you agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Interfere with or disrupt the integrity or performance of our services
• Attempt to gain unauthorized access to our systems or user accounts
• Collect or harvest user information without consent
• Engage in any activity that could damage, disable, or impair our services
• Transmit viruses, malware, or other malicious code
• Use automated systems (bots, scripts) to access our services without authorization

3. Orders and Payments

3.1 Ordering Process

When you place an order through our website or mobile app, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order at our discretion.

3.2 Order Accuracy

It is your responsibility to ensure that the details of your order (including delivery address and menu selections) are complete and accurate before confirming your purchase. Once an order is processed, we may not be able to modify it.

3.3 Pricing and Availability

All prices shown on our website are in Canadian dollars and include applicable taxes. Prices and menu items are subject to change without notice. We make every effort to ensure the accuracy of prices and product information, but errors may occur. If we discover an error in the price of items you have ordered, we will inform you and give you the option to reconfirm or cancel your order.

3.4 Payment Methods

We accept various payment methods as indicated on our website. By providing a payment method, you represent that you are authorized to use the payment method and that the information you provide is accurate. You authorize us to charge your selected payment method for the total amount of your order.

3.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions, including validity periods and usage restrictions. We reserve the right to refuse or cancel orders that use promotional codes improperly.

4. Delivery and Pickup

4.1 Delivery Areas

Our delivery service is available within specified areas around our restaurant locations. Delivery areas may change without notice based on operational factors.

4.2 Delivery Times

Estimated delivery times are provided as a guide only and are not guaranteed. Factors such as weather conditions, traffic, and order volume may affect actual delivery times.

4.3 Pickup Orders

For pickup orders, you are responsible for collecting your order at the designated restaurant location within the specified time frame. Orders not collected within a reasonable period may be discarded, and no refund will be provided.

5. User Conduct and Communication

5.1 User Content

If our website or mobile app allows you to post content (such as reviews, comments, or feedback), you are solely responsible for the content you submit. You grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, publicly display, reproduce, and distribute such content on our platforms.

5.2 Prohibited Content

You agree not to post or share content that:

• Is defamatory, abusive, harassing, threatening, or inflammatory
• Contains obscene, offensive, or sexually explicit material
• Promotes discrimination or hatred against any person or group
• Infringes on the intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Violates any applicable law or regulation
• Constitutes unsolicited advertising or promotional material

5.3 Moderation

We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website and mobile app, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Barburrito or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for personal, non-commercial purposes. This license does not include:

• Modifying or copying our materials
• Using the materials for any commercial purpose
• Attempting to decompile or reverse engineer any software contained on our website
• Removing any copyright or other proprietary notations
• Transferring the materials to another person or "mirroring" the materials on any other server

6.3 Trademark Notice

Barburrito, the Barburrito logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Barburrito or its affiliates. You may not use these marks without our prior written permission.

7. Limitation of Liability

7.1 Disclaimer of Warranties

Our website, mobile app, and services are provided on an "as is" and "as available" basis without any warranties, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 Limitation of Liability

To the maximum extent permitted by law, Barburrito and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with these Terms or your use or inability to use our services.

7.3 Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to us, if any, in the six (6) months prior to bringing the claim or CAD $100, whichever is greater.

7.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Barburrito and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.

9. Modifications to Terms

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website or services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

For significant changes, we will make reasonable efforts to provide notification, such as posting a prominent notice on our website or sending an email to registered users.

10. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms & Conditions.

Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Canada and the province of Ontario, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located in Toronto, Ontario, and you consent to the personal jurisdiction and venue of such courts.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired.

13. Contact Information

If you have any questions about these Terms & Conditions, please contact us at: