Freedom Cafe Terms of Service

OVERVIEW

This website is operated by Freedom Cafe. Throughout this policy, the terms “we”, “us” and “our” refer to Freedom Cafe. Freedom Cafe offers this website, including all information, tools and services available from this site to you, the guest, conditioned upon guests’ acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, guests, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Square Up Inc. They provide us with the point of sale service that allows us to collect payment from Freedom Cafe guests.

In this document a “guest” is any individual, organization, or business that utilizes any Freedom Cafe facility or service. Throughout this policy, the terms “you”, also refers to a guest.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Guests understand that their content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Guests agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

CANCELLATION

 

Freedom Cafe is committed to providing all of guests with exceptional service. When a guest cancels without giving enough notice, they prevent another guest from utilizing our services or space.

Please contact by email at hello@freedomcafe.ca at least one full business day prior to your scheduled appointment to notify us of any changes or cancellations. To cancel or change, for example a 9 am Monday appointment, please contact the same email address by 9 am on the Friday of the preceding week. Guests who do not meet this deadline will still be charged full price for their booking, regardless of their attendance.

 

CODE OF CONDUCT

 

Freedom Cafe asks for guests’ cooperation in maintaining a welcoming environment conducive to study and enjoyable use of the space. Staff make every effort to apply these rules in a fair, dignified and positive manner for the benefit of all.

  1. All guests are responsible for leaving their space(s) they utilize in the same condition that they were when the guest(s) arrived.
  2. Violent, threatening, abusive, discriminatory or harassing language or conduct of any kind is not allowed.
  3. Disruptive or intrusive behaviour is not allowed.
  4. Damage, misuse, or theft of Freedom Cafe’s appliances is not permitted. Guests responsible for the damage, misuse, or theft of property will be held financially responsible for all costs incurred to restore said property.
  5. Members of the public may not make requests for service based on prohibited grounds of discrimination under the Human Rights Code.
  6. Children requiring supervision must not be left unattended on Freedom Cafe premises.
  7. Low level discussion will be permitted in all common areas. Guests anticipating louder discussions are encouraged to book one of Freedom Cafe’s meeting room. Guests who encounter unacceptable noise levels should direct their complaints to Freedom Cafe staff. Guests who refuse to be quiet will be issued warnings to comply by Freedom Cafe staff. After three warnings and continued refusal to comply, the guests will be asked to leave Freedom Cafe.
  8. Members of the public may only use authorized entrances and exits and are not allowed in “Staff Only” areas without permission.
  9. Posting notices, distributing circulars or petitions, soliciting or engaging in any commercial activity on Freedom Cafe property must not be conducted without prior written approval of Freedom Cafe staff.
  10. Photographing, filming or video recording of Freedom Cafe staff and users on Freedom Cafe property must not be conducted without prior written approval of Freedom Cafe staff.
  11. Members of the public must wear shirts and shoes and other appropriate attire. Use of sports equipment is not allowed on Freedom property.
  12. Service animals are welcome at Freedom Cafe. Other animals are only allowed during authorized programs.
  13. No guest shall work or be at work under the influence of alcohol, illegal
    drugs, or medication or controlled substances used in a manner other than
    prescribed or as directed.
  14. Guests are responsible for leaving the space they occupy in a clean and timely manner. Freedom Cafe reserves the right to asks guests to begin tidying their space up to 5-minutes before the end of their booking if Freedom Cafe staff deem it necessary. All guests are required to depart from their space on time.

 

FOOD

 

Freedom Cafe is a working and event space and, as such, allows guests to bring food and beverages into the cafe and meeting rooms. By entering Freedom Cafe, all guests accept the following terms of use:

  1. Freedom Cafe promotes, but cannot guarantee, a nut-free or allergy-friendly zone. The Cafe accepts no responsibility for the food and beverages that our guests bring onto the premises.
  2. Guests are responsible for the clean up the space(s) they utilized. Guests who do not clean up the space(s) they utilized will be billed $40/hour for Freedom Staff to restore the space to its original condition.
  3. Freedom Cafe is pleased to offer all guests the use of a microwave under the following terms and conditions:
    1. The Cafe assumes no liability for lost or stolen items.
    2. Children under the age of 10 are not allowed to use the microwave.
  4. Guests are welcome to deliver food to the Cafe in advance of their booked appointments or events. These plans are subject to the following conditions:
    1. Food deliveries cannot be more than 48-hours in advance of an event
    2. If the appointment / event will be catered, the caterer(s) may arrive up to 2 hours in advance of the Cafe booking and must have secured the approval from Freedom Cafe staff.
  5. Freedom Cafe is pleased to offer all guests the use of a fridge under the following terms and conditions:
    1. The Cafe assumes no liability for lost or stolen items.
    2. All items stored in the fridge must be clearly labeled
    3. All items stored in the fridge must be cleared out by the end of the business day. Any items remaining will be thrown out by Cafe staff.
  6. Freedom Cafe accepts no liability for injuries sustained from any of its appliances (including but not limited to the microwave, coffee machines and fridge), or the food and beverage products they produce.
  7. The Cafe assumes no liability for the quality of food or beverages served or stored on site.
  8. Freedom Cafe does not allow for onsite cooking aside from the use of a microwave.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same guest account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed..

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, guests are prohibited from using the site, its content, Freedom Cafe locations or their services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Freedom Cafe reserves the right to terminate guests’ use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that guests’ use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Guests agree that from time to time Freedom Cafe may remove the service for indefinite periods of time or cancel the service at any time, without notice to guests.

Guests expressly agree that their use of, or inability to use, the service is at their sole risk. The service and all products and services delivered to guests through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for guests’ use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Freedom Cafe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from guests’ use of any of the service or any products procured using the service, or for any other claim related in any way to guests’ use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

Guests agree to indemnify, defend and hold harmless Freedom Cafe and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of guests’ breach of these Terms of Service or the documents they incorporate by reference, or guest’s violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either guests or Freedom Cafe. Guests may terminate these Terms of Service at any time by notifying Freedom Cafe that they no longer wish to use our Services, or when guests cease using Freedom Cafe’s site.

If in Freedom Cafe’s sole judgment a guest fails, or Freedom Cafe suspects that guest’s have failed, to comply with any term or provision of these Terms of Service, Freedom Cafe also may terminate this agreement at any time without notice and guests will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny guest access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of Freedom Cafe to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Freedom Cafe on this site or in respect to The Service constitutes the entire agreement and understanding between guest and us and govern guest’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between guest and Freedom (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby Freedom Cafe provide guest services shall be governed by and construed in accordance with the laws of 14A-842 Victoria St N, Kitchener, Ontario, Canada, N2B 3C1.

SECTION 19 – CHANGES TO TERMS OF SERVICE

Guests can review the most current version of the Terms of Service at any time at this page.

Freedom Cafe reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is guest’s responsibility to check Freedom Cafe’s website periodically for changes. Guest’s continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@freedomcafe.ca.

 

Revised August 1, 2018