Terms & Conditions
In these General Terms and Conditions, the following terms have the following meanings:
“Forno Flatbread Co” means Forno Flatbread Co, the website, and its affiliates.
“Websites” means the websites and the services provided through the websites owned, operated or controlled by Forno Flatbread Co.
- Legal Conditions for Use of Forno Flatbread Co.
By using or downloading information or content from the website, you represent that you have read and understand these General Terms and Conditions and agree to be bound by these General Terms and Conditions. If you do not agree, do not use or download information or content from Forno Flatbread Co. This Website is owned and operated by Forno Flatbread Co.
- Permitted Uses and Access
This website may not be used by persons in jurisdictions where access to or use of the Forno Flatbread Co website or any part of it may be illegal or prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of this website or to post comments, communications, or any other data of any kind (collectively, “Submissions”) via Forno’s website with the intention that such postings may be viewed by other users of Forno Flatbread Co.
If you send Submissions to Forno Flatbread you automatically grant (or warrant that the owner of the Submissions grants) to Forno Flatbread and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Forno Flatbread or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Forno Flatbread Co and its assigns.
NO FORNO FLATBREAD CO OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR REPRESENTATIVES ACCEPTS ANY LIABILITY FOR YOUR USE OF THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORNO’S WEBSITE AND MATERIALS, INFORMATION, TEXT, GRAPHICS AND LINKS AND OTHER ITEMS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND FREEDOM FROM ERRORS, VIRUSES, BUGS, UNINTERRUPTED SERVICE, DEFECTS OR HARMFUL COMPONENTS. NONE OF THE BP GROUP WILL BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INFORMATION WITHIN THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FORNO FLATBREAD RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE MATERIALS AND INFORMATION CONTAINED WITHIN FORNO FLATBREAD, AT ANY TIME, WITHOUT NOTICE TO YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BP GROUP MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) FORNO FLATBREAD CO WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (B) FORNO FLATBREAD CO WILL MEET YOUR REQUIREMENTS; (C) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE OR COMPLETE; (D) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THIS WEBSITE OR (E) THE ACCESS TO AND USE OF FORNO FLATBREAD CO WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND THE BP GROUP DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
- Exclusion and Limitation on Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THESE GENERAL TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES WILL THE BP GROUP EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THIS WEBSITE, THESE GENERAL TERMS AND CONDITIONS, THE SUBJECT MATTER OF THESE GENERAL TERMS AND CONDITIONS, THE TERMINATION OF THESE GENERAL TERMS AND CONDITIONS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY FORNO OR ANY PERSON FOR WHOM THE BP GROUP IS RESPONSIBLE, AND EVEN IF THE BP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
YOU WILL INDEMNIFY, DEFEND AND HOLD THE BP GROUP HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY FORNO IN CONNECTION WITH ANY CLAIM, DEMAND OR PROCEEDING ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR BREACH OF THESE GENERAL TERMS AND CONDITIONS, OR ANY WRONGFUL CONDUCT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THESE GENERAL TERMS AND CONDITIONS OR AT LAW. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE BP GROUP IN THE DEFENCE OF ANY SUCH CLAIM, DEMAND OR PROCEEDING.
- Acknowledgement and Exclusion by Statute in Certain Jurisdictions
YOU ACKNOWLEDGE AND AGREE THAT THESE GENERAL TERMS AND CONDITIONS REPRESENT A FAIR ALLOCATION OF RISK AND LIABILITY. ADVICE AND INFORMATION PROVIDED BY FORNO FLATBREAD CO, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OR VARY OR AMEND THESE GENERAL TERMS AND CONDITIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
- Other Sites
For your convenience, Forno Flatbread Co may contain links to other Websites operated by other persons (“Other Sites”). Other Sites are independent of Forno Flatbread Co, and Forno Flatbread Co has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Forno Flatbread Co is not responsible for the content of any Other Sites or any link contained in the Other Sites. Forno Flatbread Co reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by Forno Flatbread Co of the Other Sites, or any products or services provided by such Other Sites. If you decide to access any of the Other Sites you do so entirely at your own risk, and you will not make any claim against any of the Forno Flatbread Co arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of the Other Sites.
- No Linking, Framing, Mirroring, Scraping, and Data-Mining
Links to the website without the express written permission of Forno Flatbread Co are strictly prohibited. The framing, mirroring, scraping or data-mining of the website or any of its content in any form and by any method is strictly prohibited.
- Personal Information Privacy
- Trade-Mark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trademark or other intellectual property right of Forno Flatbread Co or any other party. The Flatbread Forno Co name and logos displayed throughout the website and all related products and service names are the trademarks, service marks or registered trademarks of Forno Flatbread Co and are duly licensed to it. Any reproduction of any of these marks, names or logos without the express written consent of Forno Flatbread Co is strictly prohibited. All other trademarks are the property of their respective trademark owners.
From time to time Forno Flatbread Co may make contests available to users of the website and others. All such contests are governed by these General Terms and Conditions and the applicable Contest Rules. By participating in a contest through the website, you signify your agreement and acceptance of these General Terms and Conditions and the applicable Contest Rules.
The provisions of these General Terms and Conditions are intended to be severable. If for any reason any provision of these General Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Termination of These General Terms and Conditions and The Website
- Governing Law and Venue
These General Terms and Conditions will be governed and construed pursuant to the laws of the Province of Alberta, Canada, and the laws of Canada applicable therein notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of Alberta, Canada, for any litigation arising out of or relating to the use of this website, waive any objection to the venue of any such litigation in the Alberta courts and agree not to plead or claim in any Alberta court that such litigation brought therein has been brought in an inconvenient forum. Proceedings regarding any disputes with respect to These General Terms and Conditions and website must be commenced in a court of competent jurisdiction in the City of Edmonton, Alberta, Canada within six (6) months after such a dispute arose, after which time any and all proceedings regarding such disputes are barred.
- Refund Policy
Online orders that are placed for “pick-up asap” or “delivery asap” are non-cancellable and non-refundable. Online orders placed for a future day and/or time may be cancelled and the amount paid for them fully refunded via the same method of payment originally used until 60 minutes prior to a future designated “pick-up” time or until 2 hours prior to a future designated “delivery” time, after which they become non-cancellable and non-refundable.
Forno Flatbread Co. may, from time to time, incorporate these General Terms and Conditions into any other terms and conditions or policy issued by Forno Flatbread Co (collectively, “Other Terms and Conditions”). Upon incorporating these General Terms and Conditions into Other Terms and Conditions, these General Terms and Conditions and those Other Terms and Conditions shall be considered and interpreted as one collective document except to the extent of the inconsistency, in which case these General Terms and Conditions shall govern.
These General Terms and Conditions, including any changes made to these General Terms and Conditions from time to time and any Other Terms and Conditions incorporating these General Terms and Conditions, constitute the entire agreement between you and Forno Flatbread Co relating to your use of the website and supersedes all previous agreements, written, oral or otherwise, between you and Forno Flatbread with respect to your use of the website. Forno Flatbread Co may, in its absolute discretion, revise these General Terms and Conditions at any time, without any prior notice or liability to you or any other person, by posting amended General Terms and Conditions on the Websites.
These General Terms and Conditions ensure to the benefit of and are binding upon to Forno Flatbread Co and their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these General Terms and Conditions or your rights and obligations under these General Terms and Conditions without the express prior written consent of Forno Flatbread Co, which may be withheld at Forno Flatbread Co’s absolute discretion.
Forno Flatbread Co may assign these General Terms and Conditions and their respective rights and obligations under these General Terms and Conditions without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these General Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties have expressly requested and required that these General Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ces Conditions d’Utilisation et tous les documents qui s’y rapportent soient rediges en anglais.