Terms & Conditions
Terms of Use:
Please review these Terms carefully. By using any of the Services, you accept these Terms. We may modify these Terms at any time, by updating this posting and without notice to you. Your continued use of any of the Services constitutes your acceptance of these Terms.
Privacy
Your privacy is important to us. The Dojo Grocery Privacy Commitment governs how user information is collected and used. By registering, accessing or using the Services, you are signifying your acknowledgement of and agreement to our Privacy Commitment.
Email & Other Electronic Messages
From time to time, we may send you eflyers and other promotional emails or electronic messages. You can unsubscribe from these promotional emails through the unsubscribe mechanism contained in any message. We may also send you transactional and operational messages regarding your account(s).
Additional Terms
Apart from what is outlined in these Terms, additional terms may apply to your use of certain of the Services. Such additional terms are incorporated by reference into these Terms. We will provide these terms to you or post them on the applicable Services. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Promotions and contests on the Services may also have additional terms, rules exclusions and eligibility requirements, such as restrictions related to geographic area or age.
Registration and Login Information
We may request that you register to access or use certain Services, and thereafter you may be required to log in to access such Services. From time to time, we may request that you reset or update your password(s) and/or update your profile information. Registration to use a Service may allow you to log in to additional Services without the need to register again (often referred to as "single sign on"). Some Services may allow for social login, under which you may be provided the option to register or log in using existing information you have previously provided to a social networking or similar service of which you are already a member. If social login is available for a particular Service, it is always an option and never a requirement, and the process will include a statement of the specific information that the social login service will provide to us if you proceed with the social login.
In some cases, in order to register for or log in to a Service, you may first be required or requested to provide additional profile information relevant to your access to or use of such additional Service. Some Services are available only to customers who live in certain geographic areas or have other restrictions as to their availability.
In order to use the Services, if we request registration, billing or other information from you, you agree to provide us with accurate and complete information and to update the information when it changes.
You are responsible for maintaining the security of your login names and passwords and agree to be fully responsible for all use of your account and for any actions that take place using your account. You may not use any Services with age restrictions unless you are at least of the required age.
Intellectual Property Rights
Your use of the Services is limited to personal and non-commercial use only, unless other use by you is specifically permitted by Dojo Grocery in writing. We reserve all other rights to the Services and content, and you are not permitted to copy, modify, reuse, transmit, distribute or re-post any of the content displayed (except as stated in these Terms) without written permission from Dojo Grocery.
The content shown on the Services is protected by copyright, trademark and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
We may expressly authorize you to redistribute certain content for personal, non-commercial use. We will identify the content that you are authorized to redistribute and describe ways you may redistribute it (such as via email). We may revoke this authorization at any time.
User Submissions
All comments, reviews, ratings, suggestions, ideas, recipes, graphics, photos or other information that you provide to us through the Services (“User Submissions”) (other than personal information that we promise to protect under our Privacy Commitment) are non-confidential. For any User Submissions, you grant Dojo Grocery a perpetual, irrevocable, royalty-free and transferable right and license to use, copy, modify, delete in whole or in part, adapt, publish, translate and/or create derivative works from, sell distribute, and/or incorporate such User Submissions into any form, medium or technology throughout the world without compensation to, or acknowledgment by, you.
You acknowledge that you are responsible for any submissions you make. This means that you agree that you, and not Dojo Grocery, have full responsibility for the content you submit, including its appropriateness, legality, originality, reliability and copyright. For example, you are responsible for ensuring that you do not submit any content that:
- is known by you to be false, inaccurate or misleading
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- that is, or may reasonably be considered to be, inaccurate, abusive, vulgar, indecent, defamatory, libelous, hateful or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation
- that includes any information that references other addresses, email addresses, contact information or phone numbers or any material that has been copied from another individual or entity
- that is used to promote third party services, products, websites or organizations or constitutes advertising, junk mail, spam, chain letters or any other form of solicitation
- that contains any computer viruses, worms or other potentially damaging computer programs or files
- We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor user submissions, and you agree that we are not liable for user submissions or any loss or damage resulting from user submissions.
- In addition to the above, the following are some additional provisions that apply to comments, reviews, ratings, recipes and photos:
Comments, Reviews and Ratings (“Reviews”)
We reserve the right not to post Reviews, to remove any posted Reviews, and to decide upon and modify the placement of Reviews, in its sole discretion. An important factor which we will consider in deciding not to post a Review is inclusion of inappropriate content, such as but not limited to: offensive or discriminatory language, references to other websites, products and companies or Reviews with advertisements or spam content, contact information including physical addresses, email addresses, URLs and phone numbers, comments critical of other Reviews that are posted.
If approved, your Review will be posted within 48 hours of submission along with your first name and province.
The Reviews expressed on the Services are not necessarily the opinions of Dojo Grocery. We do not assume any responsibility for any Reviews posted on the Services and in no event will be liable for any damages of any kind arising out of the Reviews contained on the Services.
Copyright Complaints
We respect the intellectual property rights of others. If you believe that any material on the Services infringes any copyright which you own or control, you may send us an alert where such functionality is incorporated into a Service or a written notification of such infringement to us. If we receive notification of an alleged infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material.
Share Service and Invite a Friend Emails
The Services may offer a feature in which users of the Services can share with others or post links to third party websites through the Services (a “Share Service”). You acknowledge and agree that your use of the Share Service and all links, or content shared through the Share Service are subject to, and will fully comply with these Terms.
In any promotions involving invite a friend emails, you may only invite persons from whom you have received permission to provide their email address to Dojo Grocery and by whom email from you or Dojo Grocery would not be considered spam.
Disclaimers
The information we provide on our Services is believed to be accurate and complete at the time of posting. We attempt to ensure all information remains accurate and current, but we do not guarantee the accuracy, completeness and quality at all times.
The Services may contain forward-looking statements about our future performance. These statements are based on management’s assumptions and beliefs in light of the information currently available to them. We assume no obligation to update such forward-looking statements on the Services, and these statements are subject to uncertainties and other factors that could cause actual results to materially differ.
Your use of the Services is at your own risk.
The Services and all materials contained in our Services are provided as is. This means that we disclaim all express and implied warranties about our Services and the materials contained in our Services. This includes (but it is not limited to) warranties: that the materials of any particular level of quality or fit for a particular purpose, that the functional elements contained in the materials will be uninterrupted or error-free, that our Services or the servers that make them available are free of viruses or other harmful components, or that successful results or outcomes will results from properly following any instructions or directions contained in the materials.
In addition to the above, you assume the entire cost of all necessary servicing, repair or correction. You should take precautions to ensure any material you access or download is free of viruses, worms, trojan horses and other items of a destructive nature. Access to the Services cannot be guaranteed at any time.
Our Services may contain links to third party websites. However, we do not control these third party websites and are not responsible for the content of such websites. Linking to such third party websites is at your own risk, as we do not verify or investigate the information contained within them.
Limitation of Liability
Dojo Grocery will not be liable for any damages or injury that accompany or result from your use of the Services. These include (but are not limited to) damages or injury caused by any: use or inability to use the Services, use of (or inability to use) any site to which you link from our Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line failure.
Dojo Grocery is not liable for any damages, including but not limited to damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury (consequential damages), or other miscellaneous damages and expenses resulting directly from a loss or injury (incidental damages). Furthermore, we are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Without limiting any of the above, Dojo Grocery shall not be liable for any delay or failure to perform any of its obligations under these Terms or in respect of any completed or attempted transactions on the Services if such delay or failure to perform is due to causes beyond its reasonable control.
In any event, our liability to you for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory) will not be greater than the amount, if any, you paid to us to access the particular Service which is the cause of the claim. You acknowledge that if no fees are paid for use of the Services giving rise to the claim, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action.
Termination
We reserve the right, at our sole discretion, to limit or terminate access to the Services (or any portion, aspect or feature of the Services), delete any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Services and/or terminate the registration of any user who violates these Terms or infringes any intellectual property rights of others.
Indemnity
You agree to indemnify and hold Dojo Grocery, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Submissions you post or share on or through the Services, your use of the Services, or any content, information, or products accessed, offered, ordered or purchased through the Services, your conduct in connection with the Services or with other users of the Services, or any violation of these Terms or of any law or the rights of any third party.
Other
These Terms shall be governed and interpreted in accordance with the laws of the Province of Manitoba and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these Terms is unlawful, void or unenforceable, this will not affect the validity and enforceability of any remaining provisions. We may modify these Terms at any time, by updating this posting and without notice to you. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. Our failure to insist upon or enforce strict performance of any provision(s) of these does not constitute a waiver of another provision or a waiver of the same provision on another occasion.
Transactional Terms:
The following additional Transactional Terms apply to Dojo Grocery website, mobile site, application, and/or other service which permit online ordering or purchasing of goods or services (“Transactional Sites”). If there is a conflict between these Transactional Terms and the Terms of Use, these Transactional Terms will control. You should also have reference to the Frequently Asked Questions (“FAQs”) which may be available on our Transactional Sites, which provide helpful information. If there is a conflict between these Terms and the FAQs, these Terms will control.
Products purchased or ordered on Transactional Sites permitting delivery are only available for delivery in the geographical areas noted on the applicable Transactional Site. Products purchased or ordered on Transactional Sites permitting pickup are only available for pickup in the geographical areas and at the store locations noted on the applicable Transactional Site.
Dojo Grocery may, in its sole discretion, accept or reject any order placed on a Transactional Site. All offerings on Transactional Sites are invitations to purchase and not offers to sell. Any online confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order, which will be delivered subsequently via email to the email associated with your order or by telephone to the telephone number associated (“Contacted”).
Dojo Grocery may, in its sole discretion, cancel an order you have placed on a Transactional Site after Dojo Grocery has accepted it, in which case you will be Contacted. If Dojo Grocery cancels your order, Dojo Grocery will have no obligation to fulfill it nor will Dojo Grocery be otherwise liable to you in respect of it, and you will have no obligation to pay for it. Dojo Grocery may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be Contacted.
Subject to applicable laws, (a) purchase of products on the Transactional Sites is subject to availability. If product(s) are not available, Dojo Grocery will have no obligation to fulfill an order for them and you will have no obligation to pay Dojo Grocery for them; and (b) Dojo Grocery reserves the right to change the products, prices and descriptions advertised or displayed through any Transactional Site, at any time without notice or liability to you.
Dojo Grocery seeks to be accurate in product descriptions but does not represent or warrant that product descriptions or other content on Transactional Sites are accurate, reliable, current, or complete.
Dojo Grocery reserves the right, in its sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. You will be Contacted if such limits or prohibitions are applied to an order by you.
In respect of Transactional Sites on which it is possible to order products which under the laws of the applicable jurisdiction require you to be of a certain age (for example, the age of majority) in that jurisdiction (for example, beer and wine), only persons of that age in the applicable jurisdiction may place orders for such products, and by placing such an order you represent and warrant that you are of the applicable age.
Methods of payment applicable to any particular order are indicated on the applicable Transactional Site. You authorize Dojo Grocery to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable card. If your payment is by credit card and is rejected by the card issuer or processor, your order will not be filled and Dojo Grocery will have no obligation in respect of it.
The version of these Terms (including without limitation the Transactional Terms) applicable to an order or other transaction by you on a Transactional Site is that in effect on the date and at the time you place your order, as made available on the applicable Transactional Site at that time. Each time you place an order, you represent and warrant that you have accessed, read and accepted the then-applicable terms governing that order.
Delivery and Curbside Pickup Services
Dojo Grocery delivery is only available for customers who are located in certain geographic areas as indicated on Dojo Grocery. Dojo Grocery curbside pickup is only available in for customers who are located in certain geographic areas and at select stores as indicated on Dojo Grocery. We may modify the service availability from time to time in our sole discretion and any modifications will be represented on Dojo Grocery.
Delivery and/or curbside pickup days and times will be as specified on the Contact, Pickup & Delivery Info page on Dojo Grocery.
Deliveries will be made to the address specified by you when you order. You have the ability to change this address by getting in touch with Dojo. Curbside pickup will be available at the store location you selected when you placed your order. We reserve the right to restrict deliveries and/or curbside pickup locations in certain areas and at certain times, and this includes the right to eliminate certain areas and times from our delivery schedule or eliminate available stores for curbside pickup altogether. We reserve the right, in our discretion, to place reasonable limits on the number of orders scheduled per day per account.
We take reasonable care to deliver or have your order ready for pickup within the time slots provided for on Dojo Grocery. Accordingly, it is your responsibility to ensure that an appropriate person is available to receive the order, (1) in the case of delivery, at the delivery address at all times during the delivery period confirmed at the time of delivery preparation; or (2) in the case of curbside pickup, at the selected location during the curbside pickup time slot confirmed on the day of pickup. For curbside pick up, follow the instruction provided in your order confirmation to attend at the selected location and receive your order. If no one is at the address when the delivery is attempted, or the person available is not an appropriate person to receive the order, the goods will be retained by us. We will leave notification of attempted delivery and will telephone to attempt to rearrange the delivery, failing which we will cancel the delivery and your order. Once your order has been confirmed ready for pick up, if no one attends at the selected location during the curbside pickup time slot, or if the person who attends is not an appropriate person to receive the order, the goods will be retained by us. We will attempt to Contact you to and use reasonable efforts to rearrange pickup, failing which we will cancel the delivery and your order.
We will ordinarily only make a delivery when an appropriate person is able to receive the delivery. If you instruct us to make an unattended delivery and we, in our discretion, agree to do so, we expressly disclaim all liability which may arise by the delivery having been made on an unattended basis, including but not limited to theft, tampering, contamination and temperature change in respect of temperature-sensitive items.
Please note adverse weather or road conditions and other events outside of our reasonable control may result in late or cancelled orders. If that is the case we will Contact you as soon as reasonably possible to reschedule your order time and date. If we cannot reach you, we will cancel the delivery/curbside pickup and your order.
Promotions and Marketing Statements
When we say “Guaranteed Fresh”, “No Letdowns” or “make it right” we mean that if you buy an eligible product from Dojo Grocery and the product does not meet your expectations, you can let our Dojo Grocery teammate know or you can contact the Dojo Grocery customer care team to return the product and we will refund the purchase price or provide you with a credit or voucher. This policy does not apply to products sold by third-party vendors and any other items excluded by law or as we determine from time to time. Some exceptions will apply in the event of exceptional circumstances. We reserve the right, in our discretion, to suspend, cancel or make changes to this policy without prior notice, which includes the right to withdraw this policy from any customer who we determine is abusing the policy.
For any of our promotions if we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate the promotion altogether.
Disclaimer and Limitation of Liability
To the fullest extent permitted by law:
(a) We makes no express or implied warranties, guarantees or conditions, including without limitation as to merchantable quality, merchantability, fitness for a particular purpose, title or non-infringement, and products sold or available on Dojo Grocery are warranted, if at all, only under any manufacturer’s warranties that accompany or apply to them (in which case any recourse you have will be against the manufacturer). Your purchase and use of all products is at your own risk, all products are provided as is, with all faults, and as available and you assume all risk as to their quality and performance. We do not guarantee the accuracy or timeliness of information available on Dojo Grocery. You acknowledge that computer and internet systems are not fault-free and that downtime occurs. We do not warrant that access to Dojo Grocery will be uninterrupted, timely, secure or error-free or that data or content loss will not occur; and
(b) In no event shall Dojo Grocery or their respective employees, officers or directors be liable for any direct, indirect, incidental, special, exemplary, general, consequential or punitive damages (such as but not limited to lost profits, lost savings, lost data or loss of use) including without limitation damages arising from or relating in any way to Dojo Grocery, the products, content and information available, offered or sold on or through Dojo Grocery, or their use or misuse, or any unauthorized access to, change to or loss of any data or content. If, despite the foregoing, you have, under any legal theory, any basis for recovering damages from us or our employees, officers or directors, the aggregate liability of all such parties shall not exceed the greater of $100 and the purchase price of the products involved in the transaction from which the liability arose.
The above limitations and exclusions apply no matter the basis of the claim, including but not limited to contract, tort (for example, negligence and product liability), strict liability or other legal basis and whether or not we knew or should have known of the possibility of such damages.
Other
These Dojo Grocery Terms are governed and interpreted in accordance with the laws of the Province of Manitoba and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these Dojo Grocery Terms is unlawful, void or unenforceable, this will not affect the validity and enforceability of any remaining provisions. We may modify these Dojo Grocery Terms at any time, by updating this posting and without notice to you. These Dojo Grocery Terms and the Terms of Use constitute the entire agreement between you and us regarding the use of Dojo Grocery, superseding any prior agreements between you and us relating to your use of Dojo Grocery.