(Last modified on May 4, 2023)
Welcome to 7dish! We hope you will enjoy and appreciate using our “Services”, which include (i) visiting our website at https://www.7dish.com, including all subdomains, present and future (the “Website”); and (ii) using our “Platform” available at https://app.7dish.com to access 7dish’s personal assistant for meal planning and smart shopping.
By visiting the Website, or using the Platform or Services in any way, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services. The TOU are a legal and binding agreement between you and us.
If you are using the Services and accepting or agreeing to these TOU on behalf of a company, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOU and, in such event, "you" and "your" will refer and apply to that Legal Entity.
The Website and Services are owned and operated by 7dish Inc., a Canadian corporation located in Brossard, Canada. Where the present TOU refer to “7dish” they may refer to 7dish Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to 7dish and / or its Representatives.
In these TOU, a Website visitor, Platform user or Services user may be referred to as “you” or “your”. When a Website visitor or Platform user has created an account in order to be able to use the Services, he or she may be referred to as a “User”.
7dish reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with 7dish, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website when you use the Services for the first time following those changes.
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Services.
If you have any questions about the TOU, please contact legal@7dish.com.
If you have any questions regarding the Services, please contact support@7dish.com.
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
In order to be able to use the Services, you will be required to create an account. Accounts are available to any individual who signs up for an account on the Website. Accounts may be approved or rejected by 7dish, which shall be at our sole discretion.
The only information required to create an account is your name and email address. This information may be referred to in the present TOU or the Privacy Policy as “Account Information”. By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
As part of the User account registration, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time.
You can also log in to the Services from your valid Microsoft, Google or Facebook account. By selecting this option on the account page, you will be redirected to either the Microsoft, Google or Facebook log-in page, as applicable. For more information, see the section on General External Links and Services below.
It is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. 7dish and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
7dish reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
Once you create an account, you will be prompted to provide certain dietary and cooking preferences. The provision of any such information is at your entire discretion. When logged into your account, you will be able to explore recipes, build your mean plan and add meals to your shopping list.
We make no representations, warranties or guarantees, whether express or implied, that the content created or made available by us on the Services (the “7dish Content”) (including any nutritional information or cooking instruction) is accurate, complete or up-to-date and we accept no responsibility for any reliance you may place on the 7dish Content.
7dish may provide content, including recipes, that are geared towards individuals following certain diets. These are provided for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, medical, or food safety advice or recommendations. You should consult with a medical or nutrition professional before starting any dietary program, and it is your responsibility to ensure that ingredients are suitable for your own allergen or other dietary requirements.
Technical support is made available by 7dish to all Users on a commercially reasonable basis, which services may be available to Users via email at support@7dish.com].
You may use the Services to create, submit, communicate, and / or upload certain content including, but not limited to, (i) recipes; (ii) reviews and ratings; (iii) recipe pictures; (iv) shopping lists; and (v) meal plans. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through and to the Services, you agree to be bound by the 7dish policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
Where you are accessing or downloading User Content of another User on the Platform, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and 7dish disclaims any responsibility in this regard.
If you believe that another User has posted User Content that violates this User Content Policy, please contact us at support@7dish.com so that we may conduct an inquiry. 7dish retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
User Content is not edited, curated, or otherwise modified or checked by 7dish prior to posting. However, 7dish reserves the right, in its sole discretion, to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Please note that the User Content posted on the Services does not constitute advice or endorsement from 7dish and any User Content is intended for informational purposes only. User Content is created by Users and reflects their views and experiences with using the Services. Any statements, advice, opinions or tips included in User Content are those of the Users only.
7dish and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, 7dish assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) 7dish, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to 7dish and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; (iii) “frame” or “mirror” the Services or the content of the Services on any other server or internet-enabled device; or (iv) remove, obscure, or alter 7dish’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to 7dish, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of 7dish, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and 7dish may take action accordingly.
The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
If you choose to communicate to 7dish (via any means) suggestions for improvements to the Services or any idea or proposal related to 7dish or its businesses or properties (collectively, “Feedback”), 7dish shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to 7dish and waive in favor of 7dish, its successors and assigns all your moral rights in the Feedback; and agree to provide 7dish such assistance as 7dish may require to document, perfect, and maintain 7dish’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to 7dish, you are not entitled to any compensation or reimbursement of any kind from 7dish under any circumstances.
From time to time, 7dish may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. 7dish provides those links as a convenience to you and 7dish takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. 7dish does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.
In no way will 7dish be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavor to make this unavailability as brief as possible, 7dish and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
You agree that 7dish, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if 7dish believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.
7dish may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that 7dish and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from 7dish’s termination of the Services or any part thereof.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and 7dish. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
You expressly understand and agree that your use of the Services, the information thereon (whether provided by 7dish or third parties) or any activity arising from your use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by 7dish staff, freelance writers or other subcontractors hired by 7dish are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. 7dish and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.
7dish expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. 7dish, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by 7dish or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.
Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that 7dish assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.
In no case will 7dish or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of fees that you have paid to us over a 6-month period.
You expressly understand and agree that 7dish or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services, any third party materials on the Services or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by 7dish or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
Notwithstanding any other term of the TOU or any act or failure to act by 7dish or its Representatives, you agree to indemnify, defend and hold harmless 7dish and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services, the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and 7dish shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, 7dish shall have the right to bring action against you in any court of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.
