Terms and Conditions

                     Eclectic Café & Catering Website & Ecommerce Terms & Conditions

In General 

Eclectic Café, Eclectic Café & Catering, eclecticcafe.ca, & menu.eclecticcafe.ca owns and operate these Websites.  This document governs your relationship with eclecticcafe.ca & menu.eclecticcafe.ca. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Terms of Service

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by eclecticcafe.ca & menu.eclecticcafe.ca. Eclecticcafe.ca & menu.eclecticcafe.ca has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Eclectic Café & Catering does not sell or share any of the personal information that you provide to us. When ordering through menu.eclectcicafe.ca we do require a contact phone number and an email address. The email address you provide us is for a placed order confirmation and order ready confirmation. The phone number you provide to us is required so we may instantly contact you to resolve any questions/issues about an order you have placed with us. When placing an order through menu.eclecticcafe.ca you have the option to allow us to use your email to contact you at later points in time to provide you with information regarding specials or updates about Eclectic Café & Catering. If you are interested in receiving informative emails from us, you must actively check the box as the default option is to not receive information. At any time, you may contact us to remove your email from our email list at info@eclecticcafe.ca. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. P

Prohibitions 

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and eclecticcafe.ca & menu.eclecticcafe.ca will report any such breach to the relevant law enforcement authorities and disclose your identity to them.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of eclecticcafe.ca & menu.eclecticcafe.ca or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by eclecticcafe.ca & menu.eclecticcafe.ca and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on eclecticcafe.ca & menu.eclecticcafe.ca nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order, you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from unforeseen delays or circumstances not under our control (extreme weather events, power outages, pandemics, government shutdowns/restrictions, & supply chain events) which we will not be responsible.   Eclecticcafe.ca & menu.eclecticcafe.ca retains the right to refuse any request made by you. If your order is accepted, we will inform you by email upon receipt of your order. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of goods, supplies, and services may fluctuate. All prices advertised are subject to such changes.

Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. In addition, delivery, service, and gratuity costs will be charged where applicable; such additional charges will be discussed prior to payment and clearly displayed and included in the 'Total Cost'. 

Payment 

Menu.eclecticcafe.ca is only offering payment upon pickup of your order in the café. Eclectic Café accepts cash, debit, and major credit cards as payment terms.  All ordered items remain property of eclectic until full payment is received. All payments and dollar amounts shown are stated in Canadian dollars. 

Delivery & Shipping

Items ordered from eclecticcafe.ca & menu.eclecticcafe.ca will not be available for third-party shipping or third-party delivery. Delivery of items ordered through eclecticcafe.ca & menu.eclecticcafe.ca are only available by Eclectic Café staff and only available if specifically 

The material displayed specified in writing (contract or email) at the time of “purchase” (i.e., payment/deposit).

Disclaimer of Liability

The material on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law eclecticcafe.ca & menu.eclecticcafe.ca and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect eclecticcafe.ca & menu.eclecticcafe.ca liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.  Disclaimer as to ownership of trademarks, images of personalities and third-party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked, or affiliated with eclecticcafe.ca & menu.eclecticcafe.ca and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to eclecticcafe.ca & menu.eclecticcafe.ca.

Cookies

We employ the use of cookies. By using eclecticcafe.ca & menu.eclecticcafe.ca websites, you consent to the use of cookies in accordance with eclecticcafe.ca & menu.eclecticcafe.ca privacy policy. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Please note your accepted use of third-party links on eclecticcafe.ca & menu.eclecticcafe.ca may involve the use of cookies which we are not responsible for.

Social Media

Eclectic Café & catering, eclecticcafe.ca, & menu.eclecticcafe.ca may occasionally use social media sites (Facebook, Instagram, YouTube, etc.) but these may change over the course of time. We hold the right to stop using all or any social media sites at our own discretion. Eclectic Café’s own site may use certain social media functions, including user reviews & ratings, discussions, forums, and the social media site’s ability to interact with its users. Any third-party media sites will be controlled and governed by their own policies and terms of use which you the user are responsible for. Eclectic Café does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, photos, or statements posted by any users or members on social media sites used by Eclectic Café. While using any of Eclectic Café’s social media accounts, users agree to refrain from comments or photos which are defamatory, harassing, bullying, indecent, or inflammatory. Eclectic Café will moderate and remove user posted comments that we feel violates our social media terms & conditions. Eclectic Cafe reserves the right to remove, block, or suspend any users who we feel violate these terms & conditions without notice to the user.

Indemnity

You agree to indemnify, defend, and hold harmless eclecticcafe.ca & menu.eclecticcafe.ca, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. 

Choice of Law

Any disputes arising between Eclectic Café & Catering, and you (the user) will be interpreted in accordance with the law of the Province of Ontario and country of Canada, without regard to any Conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

Variation

Eclecticcafe.ca & menu.eclecticcafe.ca shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.  Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please email info@eclecticcafe.ca or call 705-330-0101.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and eclecticcafe.ca & menu.eclecticcafe.ca. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of eclecticcafe.ca & menu.eclecticcafe.ca.