TERMS OF USE AND CONDITIONS OF SALE

FOR THE WEBSITES AND OTHER DIGITAL PLATFORMS OF ST-HUBERT

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OUTLINED HEREIN AS THIS WEBSITE MAY NOT BE USED OR ACCESSED OTHER THAN IN ACCORDANCE WITH THESE TERMS OF USE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR VIEW THETHIS WEBSITE NOR UTILIZE ITS CONTENTS IN ANY MANNER WHATSOEVER.


This website is owned and operated by Groupe St-Hubert inLtéec. (together with its corporate affiliates and franchisees, hereinafter referred collectively as “St-Hubert”). The terms and conditions set forth herein govern (i) the use of not only the St-Hubert website (st-hubert.com), but also(ii) the transactional website (order.st-hubert.com)), (iii) other St-Hubert corporate sites including, but not limited to, lelarge.ca, suwong.ca, atable.ca and foreverchef.com, and (iv) any other online form, mobile application or platform made available to you by St-Hubert (each a “Platform”). Certain areas of this website or other Platforms may be subject to additional terms of use, which you are responsible to review. By accessing such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. St-Hubert reserves the right, at its sole discretion, to change or modify any part of these terms and conditions in whole or in part, at any time. Changes are effective as soon as notice is posted on this website or any other Platform. We may, but are not obligated to, inform you of the change in terms and conditions by email or by regular mail. Your continued use of any of the Platform after any such changes are posted constitutes your acceptance of those changes and therefore constitutes an agreement between yourself and St-Hubert. If any change is not acceptable to you, you must discontinue your use of thethis website and all Platforms immediately.


JURISDICTION

Unless otherwise indicated, all content and materials made available on this website or any Platform are made available to provide information and promote the products and services of St-Hubert. St-Hubert makes no representation that the products or services promoted on thethis website or any Platform are appropriate or available for use outside Canada. Should you decide to access and/or use thethis website or any Platform from other jurisdictions, you are solely responsible for compliance with applicable local laws. Any claim relating to thethis website or any Platform will be governed by the laws applicable in the Province of Québec, without reference its conflict of law principles. In the case of a dispute or grievance related to this website and all other Platforms, both parties irrevocably submit to, and accept generally and unconditionally, the exclusive jurisdiction of the courts in the judicial district of Montreal, Province of Québec.


USE AND RELATED RESTRICTIONS

Subject to your compliance with these terms and conditions, St-Hubert agrees to grant you a limited, non-exclusive, non-transferable right to access, use, display and view thethis website and Platforms for informational purposes or to purchase products available for sale thereon bwhen the functionality of this website allows it.

Unless otherwise stated, you are not authorized to modify, copy, reproduce, re-edit, upload to a server or elsewhere, send or post, distribute or otherwise use the Contents (as defined in the following section) available on thethis website or any Platform. Where the option exists, you may print out certain sections for personal and non-commercial use. This authorization is only valid on the condition that you: (i) retain all copyrights and proprietary notices contained in the Content, including copyrights and trademarks, and that you indicate the source of the Content, like the URL address of said Content, (ii) do not modify the Content in any way, (iii) do not reproduce or display, perform, or distribute or otherwise use publicly or communicate the Content for any commercial purpose unless it has been expressly permitted in the features of the Websitethis website.  

Any other types of use require the prior written consent of St-Hubert.


USAGE LIMITATIONS

Subject to the terms hereof, all information and elements shown on thethis website and any Platform including, but not limited to, the design, information, text, graphics, trademarks, logos, images, icons, interfaces as well as the assembly and layout thereof (hereinafter referred to as the “Content”) are the exclusive property of St-Hubert. You may not use the Content, except as expressly described herein. Modification or use of the Content for any other purpose violates St-Hubert’s intellectual property rights. You may not use thethis website or any Platform in any manner contrary to applicable laws, whether local, provincial, federal, international, or foreign. Nor can you use thethis website or any Platform in any manner which could possibly damage, disable, overburden, hinder its operation, or interfere in any way with its functioning and structure.


INTELLECTUAL PROPERTY

All Content made available through thethis website and any Platform is owned by or duly licensed to St-Hubert. You are not acquiring any right to such Content. Without limiting the foregoing, the St-Hubert trademarks, logos and/or slogans appearing on thethis website and any Platform are the property of St-Hubert.


REGISTRATION, USER ACCOUNT AND PASSWORD

To access certain features of thethis website and Platforms, including to make a purchase, we may ask you to create a user account and/or to fill an online registration form. In this regard, you agree to provide true, accurate, current and complete information about yourself as requested and to update that registration information as soon as possible after any information changes or becomes obsolete. Upon registration, you may choose or be given a password or username.

By using thethis website and any Platform and creating a profile, you assume entire responsibility to maintain the confidentiality of your user account and password. In addition, you take full responsibility for all business transactions undertaken with your user account. If you believe your user account has been used fraudulently, you are responsible to contact St-Hubert as quickly as possible by dialing 1-866-784-8211 or by filling out the contact information form available on this website.


COMMUNICATIONS

St-Hubert is happy to receive your comments and suggestions regarding our products and services. However, we suggest you do not submit this type of information or material through this website or any Platform, unless it is your intention to make it public and gift (i.e. fully assign for free) your ideas to St-Hubert. In this case, your comments, suggestions, ideas, graphics and/or other contributions become the property of St-Hubert. Additionally, St Hubert will not be required to treat any contribution as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future St-Hubert operations. Without limitation, St-Hubert will have exclusive ownership of all present and future existing rights to the contribution and will be entitled to use the contribution for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission. You should never submit any contribution that contains personally identifiable information pertaining to another individual. Personally identifiable information that you voluntarily choose to disclose to St-Hubert about yourself is subject to the terms and conditions set forth in the privacy policy section accessible here https://www.st-hubert.com/en/privacy.html. In submitting a contribution to St-Hubert, you represent and guarantee that you possess or own the rights to this contribution, and acknowledge and agree that said rights will become the property of St-Hubert, as stated in the above paragraph. You further agree that you are entirely responsible for the content of your contribution, including its legality, reliability, relevance, originality and rights.


LINKS AND OTHER INTEGRATED WEBSITES

Certain links available on ourthis website and Platforms may take you to other websites or platforms owned by third parties including, without limitation, social networking websites (collectively, the “Third Party Applications”). We do not take responsibility for the content, advertising, products, services or other materials made available through those Third Party Applications. Notably, St-Hubert accepts no responsibility or liability whatsoever arising from the use of links to Third Party Applications or from information provided or distributed through them. You assume full responsibility for your use or access of Third Party Applications and it is your responsibility to take every necessary precaution. Those Third Party Applications are subject to conditions different from those applicable to ourthis website and Platforms. Accordingly, it is your duty to consult them and abide by them.


CONTESTS

We may also, from time to time, offer and/or co-sponsor contests, promotions and games on ourthis website and Platforms. Each of these activities will be ruled by their own set of rules, which will be made available to you prior to your participation. You must read the rules applicable to those activities since they may differ from these terms and conditions.


LIMITATION OF LIABILITY

St-Hubert uses best efforts to ensure that the Content provided on this website and any Platform is accurate, but we can make no guarantee in that regard. There may be technical inaccuracies, typographical errors, and/or omissions in the Content. To the maximum extent permitted by applicable law, the Content of thethis website and any Platform is provided on an “as is” basis without any warranty of any kind either expressed or implied, and St-Hubert disclaims all warranties of any kind, either expressed or implied including, but not limited to, warranties of title,  merchantability, fitness for a particular purpose or non-infringement. St-Hubert does not warrant that thethis website and any Platform will be uninterrupted or error-free, that defects will be corrected, or that it is free of viruses or other harmful components. You agree that St-Hubert will not be responsible or liable for any loss or damages whatsoever, whether direct or indirect including, without limitation, loss of information or programs, loss of profit, loss of revenue, loss of saving, costs and expenses (such as lawyer fees), arising from or in connection with the use of or access to, or the inability to use or access thethis website or any Platform, irrespective of whether St-Hubert has been advised of the possibility of such damage or loss or whether such damage or loss was reasonably foreseeable. IN ALL CASES, TO THE EXTENT THAT ANY LIABILITY TO YOU IS FOUND, YOU AGREE THAT ST-HUBERT’S TOTAL CUMULATIVE LIABILITY FOR SUCH DAMAGES OF ANY TYPE IS LIMITED TO CAD $100 OR THE PRICE YOU PAID FOR THE CONCERNED ORDER FROM ST-HUBERT, WHICHEVER IS HIGHER.

THE LAWS ENFORCED IN CERTAIN PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY OR IMPLIED WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE  DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS BY LAW.  

You agree to indemnify, defend, and hold harmless St-Hubert, its contractors and their respective directors, officers, employees, and other representatives from and against any liability resulting from your violation or infringement of these terms and conditions.


MISCELLANEOUS

These terms and conditions supersede any agreement, representation, warranty or prior agreement, whether written or oral, express or implied, in this regard and they bind you and your heirs, executors, administrators and other legal representatives. If any portion herein is proved to be unlawful, void, or unenforceable, that portion shall be deemed severable and does not compromise the validity and enforceability of any other provision.  The delay or failure of St-Hubert to act with regards to any failure on your part to comply with these terms and conditions does not constitute a waiver on the part of St-Hubert. These terms and conditions constitute a full and binding contract between you and St-Hubert concerning the use of thethis website and any Platform. You may not assign these terms and conditions to a third party without the prior consent of St-Hubert. St-Hubert may however assign, transfer, or delegate its rights and obligations under these terms and conditions without your consent. 


GENERALE SALES CONDITIONS

The terms and conditions set forth below apply to any transaction you may carry out from this website or any other Platform, to the extent that transactional features are made available to you.


USAGE CONDITIONS

This website just like all other Platforms can be used by all residents of Canada of legal age to contract within their respective provincial jurisdictions and who may be governed by legal contracts under applicable law. St-Hubert makes no declaration to the effect that thethis website and Platforms can be used in locations other than Canada.


PRICES AND TAXES

St-Hubert undertakes to maintain and keep thethis website and Platforms up-to-date as much as possible, reflecting the prices and services available at St-Hubert. However, the prices are subject to change without notice. The prices of some items online can vary depending on your delivery address. The final total of your bill can be seen where you confirm the order and find a summary description of your order. Please note that the prices are in Canadian dollars and do not include applicable taxes. The taxes are included in the total of your order and are displayed separately during the ordering process. The taxes are determined according to the applicable local, provincial and federal laws. The rate of tax charged is based on the delivery address provided when you complete the order.


COMPLAINTS AND/OR RETURNS

In the case of an error in your order, delivery or at the pick-up counter, our corrective policy comes into effect. Please dial the main line at (514) 385-5555 to report the problem. You will hear a list of possible corrective actions and depending on the agreement you make with the customer service agent, St-Hubert will exchange, complete, or credit you for the items in error. We are continually improving and encourage you to send us your comments and suggestions.


PRODUCT AVAILABILITY

St-Hubert advertises on itsthis website and Platforms only items that are actually available for order and delivery. It is possible that certain items may not be available at the time of your order. Adding a product to your “basket” or your “wish list” does not guarantee availability when placing your order. In this case, a customer service agent will contact you by referring to the information you have provided and which is contained in your customer profile. You may then either modify or cancel your order.


LIMITED QUANTITY

St-Hubert reserves the right, at its sole discretion, to limit the number of items purchased per person, per family or per order. These restrictions apply to orders completed from the same account, the same credit card and may also be based on the same billing or delivery address. St-Hubert reserves the right, at its sole discretion, to prohibit or refuse to accept sales to dealers or resellers.


ACCEPTANCE OF ORDER

Once confirmed and submitted, you will not be able to make changes to your order. St-Hubert reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Among others, the following situations may lead to the cancellation or refusal of your order: (i) unavailability of products to fulfill the order, (ii) misstatement in relation to a product or a price; or (iii) inability to confirm or obtain authorization to charge your credit card; (iv) issues related to identification of the person placing the order. We may also need to make additional verifications or get more information before confirming your order. St-Hubert may contact you to inform you that all or a part of your order is cancelled or if additional information is required to complete and accept your order.


DELIVERY

The delivery of orders placed via thethis website or any Platform is restricted to the delivery zones that are serviced by St-Hubert’s corporate establishments or St-Hubert franchisees. To easily find out if the delivery service is available in your area, simply verify your local restaurant page on thethis website. If your municipality is presently not served, you can still place an order for pick-up at a branch rotisserie. For any additional questions concerning delivery or pick-up orders, we invite you to contact us by calling the Customer Services Center at (514) 385-5555. For all other areas, please refer to our corporate website www.st-hubert.com for the corresponding telephone numbers.

When you decide not to place your order directly with St-Hubert, but with a delivery service operated by a third party, St-Hubert is not responsible for your order and the condition in which it is delivered to you by the third party. Any complaint, credit request or request for reimbursement must be directed to the delivery service from whom you have ordered.


RESPONSABILITY

Notwithstanding the foregoing, nothing in the present terms and conditions can have the effect of limiting any right you may have as a consumer by virtue of any public order laws which may be applicable to you.