Terms & Conditions

Last Updated: July 1, 2024

1. Introduction

Welcome to FIREHOUSE Sandwiches. These Terms and Conditions ("Terms") govern your use of the FIREHOUSE Sandwiches website (firehousesandwiches.com), mobile application ("App"), and all related services, including our online ordering and delivery services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.

2. Eligibility

Our Services are available only to individuals who are at least 13 years old. If you are under 18 years of age, you may only use our Services with the consent and involvement of a parent or legal guardian. By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.

4. Ordering and Payment

4.1 Ordering

When you place an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or issues with your account or payment method.

After placing an order, you will receive an order confirmation email. This confirmation does not constitute acceptance of your order; it only acknowledges that we have received your order request.

We reserve the right to limit the quantity of items purchased per order, per person, per household, or per order.

4.2 Pricing and Availability

All prices displayed on our Services are in US dollars and are exclusive of applicable taxes, which will be added at checkout. Prices and availability of products 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 products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.

4.3 Payment

We accept various payment methods as indicated on our checkout page. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your designated payment method for the total amount of your order, including taxes, delivery fees, and any other applicable fees.

Payment processing services are provided by third-party payment processors, and your use of such services is subject to their terms and conditions.

4.4 Delivery

We offer delivery services within designated areas. Delivery fees may apply and will be disclosed at checkout. Estimated delivery times are provided for informational purposes only and are not guaranteed. We are not responsible for delays in delivery due to factors beyond our reasonable control, including but not limited to weather conditions, traffic, or incorrect delivery information provided by you.

You are responsible for ensuring that someone is available at the delivery address to receive the order. If no one is available, we may leave the order in a safe place at our discretion, or return it to the restaurant, in which case you may still be charged for the order.

4.5 Pickup

If you select pickup, you are responsible for collecting your order from the designated FIREHOUSE Sandwiches location at the specified time. Orders not collected within a reasonable timeframe may be discarded, and you may still be charged.

5. User Conduct

In using our Services, you agree not to:

  • Use our Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights;
  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  • Interfere with security-related features of our Services, including by disabling or circumventing features that prevent or limit the use or copying of content;
  • Interfere with the operation of our Services or any user's enjoyment of our Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • Use any robot, spider, crawler, scraper, or other automated means to access our Services or to extract data;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent;
  • Engage in any harassing, intimidating, predatory, or stalking conduct;
  • Impersonate or pose as any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Collect or store personal information about other users without their express permission;
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services or expose them to liability.

6. Intellectual Property Rights

6.1 Our Intellectual Property

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by FIREHOUSE Sandwiches, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from our Services;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services;
  • Access or use for any commercial purposes any part of our Services or any services or materials available through our Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms, your right to use our Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on our Services is transferred to you, and all rights not expressly granted are reserved by FIREHOUSE Sandwiches.

6.2 Trademarks

The FIREHOUSE Sandwiches name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FIREHOUSE Sandwiches or its affiliates or licensors. You may not use such marks without the prior written permission of FIREHOUSE Sandwiches. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

7. User Content

Our Services may allow you to post, submit, publish, display, or transmit content, such as reviews, ratings, comments, and feedback (collectively, "User Content"). All User Content must comply with these Terms.

By providing User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above;
  • All of your User Content does and will comply with these Terms;
  • User Content is not false, inaccurate, or misleading;
  • User Content does not violate any law or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
  • User Content does not contain any material that could be considered harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, or otherwise objectionable.

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

8. Third-Party Links and Content

Our Services may contain links to third-party websites and services, and may include third-party content that we do not control, maintain, or endorse. We do not control the content or links that appear on these third-party websites and are not responsible for the practices employed by websites linked to or from our Services. Accessing such websites or services is at your own risk.

9. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT AND PRODUCTS AVAILABLE THROUGH OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIREHOUSE SANDWICHES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIREHOUSE SANDWICHES DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FIREHOUSE SANDWICHES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH OUR SERVICES, OR THE QUALITY, SAFETY, OR LEGALITY OF THE PRODUCTS AVAILABLE THROUGH OUR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIREHOUSE SANDWICHES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless FIREHOUSE Sandwiches, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.

12. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim against FIREHOUSE Sandwiches, you agree to try to resolve the dispute informally by contacting us at legal@firehousesandwiches.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or FIREHOUSE Sandwiches may proceed with filing a claim.

14.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

14.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor FIREHOUSE Sandwiches will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Waiver

No waiver by FIREHOUSE Sandwiches of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FIREHOUSE Sandwiches to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

The Terms constitute the sole and entire agreement between you and FIREHOUSE Sandwiches regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

18. Contact Information

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

FIREHOUSE Sandwiches
47080 Antonette Cliffs Suite 713
East Scot, NS E0R1E4
Email: legal@firehousesandwiches.com
Phone: +1 (253) 763-6374