Terms of Use

Last updated 2013.03.02

This website is provided by The Single Gourmet, conditional on your acceptance of the terms and conditions of use set forth below ("Terms and Conditions").

By accessing, using or downloading messages, information, data, text, software, images or other materials from this website ("Content"), or by sending messages, information, data, text, software, images or other materials to this website ("Materials"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this website.

If you do not agree to abide by these Terms and Conditions, you should not use this website or download or use Content from it.

These Terms and Conditions apply exclusively to your access to and use of this website and do not alter the terms or conditions of any other agreement you may have with The Single Gourmet.

In case of inconsistency between these Terms and Conditions and any other agreement you may have with The Single Gourmet, the other agreement shall prevail, but only to the extent of the inconsistency.

  1. Changes to Terms and Conditions
  2. Changes to this website
  3. Permitted and Prohibited Uses
  4. Registration and Password
  5. Proprietary Rights
  6. Links and Third Party Materials
  7. Linking Agreement
  8. Agreement to Privacy Policy
  9. Disclaimers
  10. Limitation of Liability
  11. Indemnity
  12. Choice of Law
  13. Arbitration
  14. General
  15. Contact Us

  1. Changes to Terms and Conditions
    1. The Single Gourmet has the right, in its sole discretion, at any time, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part. Changes will be effective when such changes are posted at this website. Please check these Terms and Conditions frequently for updates by checking the date of "Last Updated" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this website immediately. Your continued use of this website or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

  2. Changes to this website
    1. The Single Gourmet may terminate, change, suspend or discontinue any aspect of this website, including:
      1. changing the availability of any features at any time without notice or liability;
      2. removing, adding, modifying or otherwise changing any Content on or from this website; or
      3. imposing limits on certain features and website-related services ("Services") or restricting your access to parts or all of this website without notice or liability for any reason whatsoever. The Single Gourmet reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this website at any time without notice.

  3. Permitted and Prohibited Uses
    1. The website may be used only for lawful purposes by individuals to participate in the activites organized by The Single Gourmet ("Members" and "Guests"). You agree to use the website only to send Materials and receive Content that are proper and related to the purpose of the website.
    2. Subject to these Terms and Conditions, The Single Gourmet grants you a non-exclusive, non-transferable, limited right to access, use and view this website and the Content thereon, solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
      1. remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content;
      2. sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other website;
      3. transfer the Content to any other person without the written consent of The Single Gourmet;
      4. print or copy any of the HTML or other computer programs that are accessible at this website;
      5. use this website in any manner that could damage, disable, overburden or impair this website;
      6. interfere with the security of, or otherwise abuse, this website or any services, system resources, accounts, servers or networks connected to or accessible through this website or affiliated or linked websites;
      7. disrupt or interfere with any other person's use or enjoyment of this website or affiliated or linked websites;
      8. upload, post or otherwise transmit on this website any Materials that would negatively affect the functioning of the website, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this website's infrastructure;
      9. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this website or the Content in whole or in part;
      10. use or attempt to use another's account, password, service, system or other information without prior written authorization from The Single Gourmet;
      11. create or use a false identity on this website;
      12. attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access;
      13. transmit on, to or from this website spam, chain letters, junk mail or any other type of unsolicited mass email;
      14. harvest or otherwise collect information about others, except for the sole stated purposes provided by this website, including email addresses, without their consent; or
      15. register an email address that you do not own or for which you do not have the express permission of the owner to register.
    3. You may post certain Materials to the website but only for the lawful, stated purposes of this website. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly:
      1. post any incomplete, false or inaccurate biographical information;
      2. post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
      3. delete or revise any material posted by any other person or entity;
      4. post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
      5. impersonate any person or entity, including without limitation an The Single Gourmet employee or agent, an authorized user of The Single Gourmet's Services, a Member or Guest, or otherwise misrepresenting your affiliation with any person or entity;
      6. post opinions, notices or advertisements, commercial or otherwise, or solicit business.
    4. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this website, and that you will comply with all laws that apply or may apply to your use of or activities on this website or in respect of the Materials and Content. The Single Gourmet will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
    5. The Single Gourmet reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Materials, in whole or in part, that in The Single Gourmet's sole discretion is objectionable or in violation of these Terms and Conditions.

  4. Registration and Password
    1. You agree to provide true, accurate, current and complete information about yourself as requested in the registration form and agree to update such information if it changes.
    2. You are responsible for maintaining the confidentiality of your registration information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The Single Gourmet of any unauthorized use of your registration or password.

  5. Proprietary Rights
    1. Limited License and Copyright. This website, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Content. Except as expressly provided herein, The Single Gourmet does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of The Single Gourmet.
    2. Trademarks. The Service names, company names and logos used on this website may be trademarks, including registered trademarks of The Single Gourmet. Such Service names, company names and logos of The Single Gourmet may not be copied, imitated or used, in whole or in part, without the prior written consent of The Single Gourmet. Other services and company names mentioned on this website may be the trademarks of their respective owners.
    3. Reservation of Rights. The Single Gourmet's Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. The Single Gourmet reserves all such rights.
    4. Software. Any software, including calculator software, as well any files or images generated by such software, code and data accompanying such software ("Software"), used or accessible through this website is the copyrighted work of The Single Gourmet or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this website. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the website.

  6. Links and Third Party Materials
    1. Certain links on this website may take you to other web websites. The Single Gourmet provides these links only as a convenience. These linked websites are not necessarily under the control of The Single Gourmet. If you use these websites, you will leave this website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
    2. The Single Gourmet is not responsible for the contents of any such linked page or any other page not under its control. The Single Gourmet makes no representation or warranty regarding, and does not endorse, any linked web websites, the information appearing thereon or any of the products or services described. Links do not imply that The Single Gourmet sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of The Single Gourmet.

  7. Linking Agreement
    1. The Single Gourmet welcomes links to its Internet web home page. If you want to link to this website, you may do so, provided you agree to the link conditions ("Link Conditions") described below. By establishing a link to this website, you will be deemed to have agreed to these Link Conditions:
      1. A link may be established to the following home page ("Home Page") of this website: https://www.singlegourmet.ca. Links may not be established to any other pages on this website without The Single Gourmet's written permission.
      2. If you link to this website, The Single Gourmet grants you a limited, non-exclusive, non-transferable, royalty-free license to use the The Single Gourmet trademark and Internet icons, if available, ("Licensed Marks") solely for the purpose of serving as a link from your website to this website. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of The Single Gourmet's trademarks or service marks ("Marks") for any reason without The Single Gourmet's prior written permission.
      3. You acknowledge that all rights to the Marks, the Content appearing on the The Single Gourmet Website pages ("Web Pages") and the "look and feel" of the Web Pages belong to The Single Gourmet. You will not at any time directly or indirectly contest or infringe these rights.
      4. If you link to this website, your website:
        1. may not create frames around any part of this website or use other techniques that alter the visual presentation of this website;
        2. may not imply that The Single Gourmet is endorsing you or your products or services;
        3. may not imply an affiliation between your company and The Single Gourmet without the prior written consent of The Single Gourmet;
        4. may not misrepresent your relationship with The Single Gourmet or present false or misleading impressions about The Single Gourmet's Services; and
        5. may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.
      5. The Single Gourmet shall have no responsibility or liability for any content appearing on your website;
      6. The Single Gourmet may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this website, with or without cause. If The Single Gourmet exercises this right, you will immediately remove all links to this website and cease using the Licensed Marks;
    2. The Single Gourmet may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this website, as amended from time to time.

  8. Agreement to Privacy Policy
    1. You agree to abide by the The Single Gourmet privacy policy, a copy of which is accessible from any page of this website.

  9. Disclaimers
    1. You acknowledge that any use of or reliance on this website or any Content shall be at your sole risk. The Single Gourmet makes no representation or warranty of any kind regarding the website and/or the Content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "as is" basis. The Single Gourmet expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The Single Gourmet does not warrant that this website will continue to operate, operate without interruptions or that it will be error-free.
    2. Without limiting the generality of the foregoing, the information provided on this website is for general informational purposes only. Information provided on the website with a by-line, identification of publication source, or any other sort of third-party identifier is provided by third parties on an "As Is" basis, and The Single Gourmet does not review it. The Single Gourmet and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information.
    3. This website acts as a venue for staff of The Single Gourmet to post information regarding events it organizes and for its Members and Guests to book such events.
    4. Because user authentication on the Internet is difficult, The Single Gourmet cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this website, in the event that you have a dispute with one or more users, you release The Single Gourmet (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    5. You use the website and the Content at your own risk. Changes are periodically made to the website and may be made at any time.
    6. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information, posting or other Materials placed by you, as applicable on the website.

  10. Limitation of Liability
    1. You agree that The Single Gourmet and any third party mentioned on this website will not be responsible or liable for any loss or damages whatsoever, including without limitation indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this website, the materials, any content provided or any linked website of a third party, even if The Single Gourmet, or such a third party has been advised of the possibility of such damage or loss. In any event, you agree that The Single Gourmet's aggregate liability for damages shall be limited to CAD $1.00.
    2. The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

  11. Indemnity
    1. You agree to defend, indemnify and hold harmless each of The Single Gourmet, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the website and the Content or your breach of these Terms and Conditions.

  12. Choice of law
    1. This website is controlled, operated and administered by The Single Gourmet from its offices within Canada. The Single Gourmet makes no representation or warranty that materials at this website are appropriate or available for use at any locations outside Canada. If you access this website from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this website in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Ottawa or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

  13. Arbitration
    1. Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
    2. Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

  14. General
    1. Except as expressly provided in additional terms of use for specific areas of the website, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between The Single Gourmet and you with respect to the subject matter hereof.
    2. Any cause of action you may have with respect to your use of this website or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.
    3. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
    4. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party.
    5. The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
    6. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

  15. Contact Us
    1. You can contact The Single Gourmet by email at info@singlegourmet.ca, by telephone at 1-613-236-2000, or by postal mail at 363 Churchill Avenue, Ottawa, Ontario K1Z 5C4, Canada.