Terms of Service

TIFFINSTASH

TERMS OF SERVICE

 

Please read these terms of service carefully before using our Services (as hereinafter defined). These Terms of Service (the “Terms”) constitute a binding legal agreement between you and TiffinStash Inc. (“Company”, “we”, “us”, or “our”) that governs your access and use of our website and mobile application (the “Platform”) for the ordering and delivering of authentic Indian home-style meals (“Tiffins”) across the Greater Toronto Area (the “Services”).

 

BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS CONTAINED HEREIN, PLEASE DO NOT USE OR ACCESS THE PLATFORM.

 

As used in these Terms, “you” means any visitor, user, or other person who accesses the Platform, or has registered for a User Account as defined below.

 

1)     PLATFORM.

a)     Subject to these Terms, the Platform allows you to view Tiffins offered by home-based and commercial-kitchen-based cooks (“Sellers”) and create a User Account to facilitate the ordering and purchase by you of a subscription to Tiffins (an “Order”), and delivery by our delivery partners or independently contracted drivers (collectively, “Drivers”). Sellers will provide information about their Tiffins on the Platform. Each Order for the purchase of Tiffins shall be binding on you in accordance with our Subscription Policy. After having received the Order, TiffinStash will transmit the details of the Order to the Seller. Once the Order is accepted by the Seller and the Platform has provided you with an order confirmation on behalf of the Seller, you and the Seller enter into a purchase agreement for the Tiffins. Platform will provide you with a receipt on behalf of the Seller.

b)     You understand and agree that Company provides a technology platform connecting you with Sellers and Company has no control over the quality of the Tiffins offered by such Sellers. Company will have no liability to you for any problems caused by the Seller concerning your Orders, including, without limitation, missed or late deliveries where such delivery is not via TiffinStash’s own personnel, missed Tiffins, and any problems with respect to the quality of Tiffins delivered, including if the Tiffins cause any illness, allergic reactions or have incorrect nutritional values.

2)     ADDITIONAL TERMS.  Certain features of the Platform may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.

3)     THIRD PARTIES.

a)     These Terms are entered into between you and Company and neither Apple Inc., Google Inc., nor any other third-party app provider (collectively, the “Third Party App Providers”) are parties to these Terms nor will they have any obligations with respect to the Platform.

b)     Company, not a Third Party App Provider, is solely responsible for the Platform and the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

c)     You agree to comply with, and your license to use of the Platform is conditional upon your compliance with, all applicable third-party terms of agreement (e.g., the Third Party App Provider’s terms and policies and associated fees, as applicable).

d)     Company reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Tiffins, menus, Sellers, posting and rating/reviews of Sellers) contained on or provided through the Platform at any time, and from time to time, without notice.

e)     COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED RELATED TO ANY THIRD PARTY SERVICES AND COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY TIFFINS ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE ACCESSED FROM A LINK ON THE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THEREIN, AND COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. COMPANY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BETWEEN YOU AND A THIRD PARTY THROUGH THE USE OF THE PLATFORM.

4)     PROHIBITED USE. 

a)     You agree to use the Platform in a courteous and co-operative manner, and so as to not abuse the Platform. You agree that you will not use the Platform to:

i)      "frame", "mirror" or otherwise incorporate the Platform or any part thereof on any commercial or non-commercial website;

ii)     access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose;

iii)    violate any laws;

iv)    promote any illicit or illegal activity;

v)     upload, post, email or otherwise transmit or use any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

vi)    register multiple, or steal someone else’s User Account(s) (as herein defined) for any malicious means such as profit, cash outs, awards, etc.;

vii)   threaten Sellers with bad reviews so that Sellers will provide you with additional discounts or benefits;

viii)  copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform;

ix)    remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform;

x)     use or access the Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party;

xi)    license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; or

xii)   upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Company in its sole discretion.

b)     Company reserves the right, at any time, to suspend your use of the Platform for failure to comply with this Section 4.

c)     You will be solely liable for any damages resulting from any violation of the foregoing restrictions.

5)     AVAILABILITY AND UPDATES. Company may alter, suspend, or discontinue one or more of the Platform at any time and for any reason or no reason, without notice to you. The Platform may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Company may periodically add or update the information and materials on the Platform without notice.

6)     USER ACCOUNT.

a)     In order to use the Platform you must create a user account pursuant to the registration process outlined (a “User Account “). You represent and warrant that all information supplied by you on the Platform to create a User Account or in connection with your use of the Platform, is true, accurate, current, and complete.

b)     You shall ensure that any User Account credentials and equivalent information required to access the User Account are kept confidential and used in a secure manner not accessible by third parties. You may only register one personal User Account. You shall be responsible for any use of the Platform and any activity under your User Account. Company will not be liable for any loss or damage arising from your failure to safeguard your User Account.

c)     Company reserves the right to deny, disable, suspend or terminate, at any time, and its sole discretion, your request for or use and access of a User Account. Where it is suspected that any unauthorized person has become aware of your User Account credentials or has access to your User Account, you shall immediately inform Company by contacting us at info@tiffinstash.com.   

7)     DELIVERY. Please review our Delivery Policy, which governs the delivery of Tiffins. Any delivery time, pickup time or other time estimate communicated to you by the Seller or Company on the Platform or via email are only estimates. There is no guarantee that the Order will be delivered at the estimated time. Company and the Sellers are not responsible for any delays in receiving or having your Order ready for any reason.

8)     INTELLECTUAL PROPERTY TERMS.

a)     The Platform and all content contained therein (excluding User Content as defined in subsection (d) below), is owned or licensed by Company and protected by copyright, trade-mark and other intellectual property laws (“Company Content”). Company expressly reserves all rights in and to the Platform and you acknowledge that all rights, title and interest in the Platform, all materials provided by Company in connection with these Terms (including the Company Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company (or third party suppliers or licensors, if applicable), and that the Platform and all materials provided by Company hereunder are licensed and not "sold" to you.

b)     You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.

 

c)     All information, whether publicly posted or privately transmitted to the Platform by you (the “User Content”), is the sole responsibility of you. This means that you, and not Company, are entirely responsible for all such material uploaded, posted, transmitted or otherwise made available through the Platform. Company may monitor User Content from time to time but Company does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of Company be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with our Privacy Policy and all other User Content will be considered non-confidential.

 

d)     By submitting, posting or displaying User Content on or through the Platform or otherwise to Company, you grant Company, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Company has no obligation to post or display any User Content on the Platform.

 

9)     FEEDBACK. You may provide reasonable feedback ideas, suggestions, or proposals to Company through suggestion, feedback, forum, or other similar pages with respect to the Platform (“Feedback”). You hereby grant to Company a perpetual, irrevocable, transferable, fully paid-up, royalty-free, non-exclusive, worldwide, perpetual license to use or incorporate into the Platform and any other Company services, or for any other purposes, any Feedback provided by you.

10)  PAYMENTS.

a)     Any fees and prices (“Fees”) listed on the Platform are in Canadian dollars. Fees may not include applicable tax and delivery charges. Taxes (such as GST and HST) and delivery charges may be added at checkout and will be payable by you along with the Fees.

b)     You understand that: (a) Fees displayed through the Platform may differ from the prices offered or published by the Seller for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; and (b) Company reserves the right to change such prices at any time, at its discretion.

c)     In order to subscribe and place an Order with the Platform, you must submit valid credit card or debit card information. The Platform uses third party payment processes to effect charges onto your debit or credit card. You agree to pay for all purchases arising from your use of the Platform. You must keep the credit card and other payment information that you have submitted to the User Account updated.

d)     All charges paid by you for delivered orders are final. Company may grant refunds in accordance with its Refund Policy.

e)     All charges are due immediately and payment will be facilitated by us using the payment method designated in the User Account.

11)  INDEMNIFICATION.

a)     You agree to indemnify and hold harmless Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses (including without limitation legal and reasonable legal fees), that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (a) your use of a User Account; (b) your misuse of the Platform; (c) your breach of these Terms; (d) your violation of any law or the rights of a third party (including, without limitation, intellectual property and/or privacy rights); or (e) your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf with your permission.

b)     Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Company.

12)  RELEASE. Without limiting anything set in these Terms and to the fullest extent permitted by applicable law, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy, or any use by you of the Platform.

13)  DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE PLATFORM. COMPANY DOES NOT WARRANT THAT THE PLATFORM OR THE CONTENT WILL OPERATE ERROR-FREE OR THAT THE APP IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE.

14)  LIMITATION ON LIABILITY.

a)     IN NO EVENT WILL COMPANY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM.

b)     TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF FEES ACTUALLY PAID BY YOU TO COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. FOR GREATER CLARITY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

15)  FORCE MAJEURE. COMPANY WILL NOT BE LIABLE TO YOU FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS FOR THE PERIOD THAT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, WAR, STRIKES OR LABOUR DISPUTES, EMBARGOES, GOVERNMENT ORDERS OR ANY OTHER FORCE MAJEURE EVENT.

16)  LANGUAGE. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.

17)  AMENDMENTS. Company reserves the right to amend these Terms at any time, effective upon posting of an amended version of these Terms through the Platform. If you do not agree to the amended Terms, you must discontinue your use of the Platform.

18)  GOVERNING LAW. These Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your access to or use of any of the Platform notwithstanding your domicile, residency, or physical location. The Platform is intended for use only in jurisdictions where they may lawfully be offered.

19)  MISCELLANEOUS. These Terms constitute the entire agreement between you and Company relating to the Platform and all related activities. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Company to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Company must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights granted hereunder, whether voluntarily, by operation of law, or otherwise without Company’s prior written consent. By using the Platform, you agree that Company will send you emails to confirm transactions and otherwise administer the Platform.

 

Last Updated: July 8, 2025