Terms & Conditions
By browsing the website www.catering.aquatopia.world (hereinafter referred to as the “Site”), you declare that you have read and understood these General Conditions of Sale and declare that you are bound by them.
These General Conditions of Sale apply to any person browsing the Site and/or transacting with Aquatopia Casual Catering – A Division of 6893643 Canada Inc. (hereinafter referred to as ‘Aquatopia’).
These General Conditions of Sale may be modified at any time by Aquatopia, at its sole discretion.
1) AGE RESTRICTION
To browse the Site or purchase the services and products offered by Aquatopia, you must be at least eighteen (18) years old. By browsing the Site or purchasing the services and products offered by Aquatopia, you declare and affirm that you are at least eighteen (18) years old. Aquatopia cannot be held responsible for any false declaration made by a user of the Site or one of its clients.
2) SALE OF PRODUCTS AND/OR SERVICES
Aquatopia is a company is a multi-divisional corporation, one of which specializes in the sale of products and services in the field of catering.
3) PAYMENT
When making a purchase of products and/or services on the Site, you agree to provide Aquatopia with billing data (payment instrument, email address, delivery address, first and last name, telephone number, etc.) required to complete the transaction. By providing a payment instrument, you declare that you have permission to use it.
Aquatopia reserves the right to request any additional personal and/or financial information before confirming any order and placing any restrictions on orders.
By agreeing to these General Conditions of Sale, when paying for the products and/or services offered by Aquatopia, you authorize the latter, as well as any payment or service Aquatopia may use, to charge the total amount of the order to the payment instrument you provided to complete the transaction. You also authorize Aquatopia to collect and record any information regarding this payment instrument as well as any other pertinent information related to the transaction.
For any payment by credit card, Aquatopia reserves the right to obtain from the issuer of said card a pre-authorization of an amount corresponding to the total amount of the transaction, plus twenty percent (20%) when you place your order. If you cancel a transaction before it is completed, note that there is a delay before the pre-authorized funds are available in your account again.
Any Client wishing to set up an account with payment terms must first complete the Aquatopia New Account Request Form available through our finance department. Clients meeting the eligibility conditions for term payment will receive a notice to this effect within ten (10) business days of submitting the completed Aquatopia New Account Request Form. Before receiving this term payment authorization notice, you will still need to pay by credit card to place your order. Any request to open an account may be accepted or refused by Aquatopia at its full discretion.
For any purchase by term payment, the order must be paid in full within thirty (30) days of receipt of the invoice linked to the transaction. At the end of the thirty (30) day period, interest at the rate of eighteen percent (18%) per annum will be applied to the total unpaid amount remaining on your account.
4) DELIVERY CHARGES
Delivery charges will vary depending on the area served, delivery time and location where delivery is made, and may be modified by Aquatopia at any time due to unforeseen circumstances.
5) STAFFING
When you request service staff from Aquatopia for your event, the following conditions apply:
- The minimum time billed per event is four (4) hours per employee;
- Hours are calculated in quarter hours;
- Hours are calculated from the employee's departure from Aquatopia’s offices until their return;
- Transportation costs are calculated based on the area served, the delivery time and the location where delivery is made.
6) EQUIPMENT RENTALS
Any Aquatopia equipment rentals are placed under your care and control. Any breakage or damages caused to said equipment will result in additional costs equivalent to their replacement cost or repair.
7) MODIFICATION AND CANCELLATION OF ORDERS
Aquatopia does not charge any fee when you contact us by phone to cancel or modify your order before 3:00 pm on the business day prior to your scheduled delivery. However, if you wish to remove items after that time, Aquatopia retains the right to charge you a compensatory amount equal to 50% of the initial order total.
In rare circumstances, we can add items to your existing order after 3:00 pm on the business day prior to your scheduled delivery date, if it is received no less than four (4) hours in advance. However, we ask that you contact us by phone in those situations as you will be blocked from making any changes online, and our culinary team needs to confirm the availability of ingredients before accepting any modifications to your order.
Note that any cancellations made after 5:00 pm on the business day prior to your scheduled delivery are not refundable.
8) ORDER ERRORS
It is incumbent upon the Client to check the accuracy of orders upon delivery, and immediately report any shortages or errors. Depending on the circumstances, Aquatopia will exchange items, complete your order, or credit the Client for the items affected by the error.
9) INVENTORY SHORTAGES
Aquatopia cannot guarantee the availability of the products and services offered on the Site throughout the year due to the seasonal availability and quality of food ingredients. In the event of a shortage in its inventory, Aquatopia will contact the customer to inform and offer to change the delivery date, replace the missing product or cancel the order and offer a full refund
10) ALLERGIES
Aquatopia cannot be held responsible for cases of allergy or intolerance. No guarantee can be given by Aquatopia regarding the absence of allergens or cross-contamination of products prepared in our kitchens.
11) GUARANTEES
Aquatopia offers no guarantee as to the accuracy and reliability of the content of the Site including images and descriptions of products. The purchase of any product is at your own risk as to the accuracy and reliability of the content of the Site. Aquatopia cannot also guarantee that the content of the Site is up-to-date, complete and free of errors. Aquatopia will be held responsible for any direct or consequential damages as a result.
The prices, products and services offered by Aquatopia are subject to change at any time.
Aquatopia assumes no liability that may arise from improper use of the Site, as per Article 14 of these General Conditions of Sale.
Aquatopia may be required to interrupt access to the Site or its services for any reason, and it will under no circumstances be held responsible for any damage or losses that may result from said interruption. No guarantee can be given by Aquatopia relating to the absence of computer viruses or any harmful components which could affect the Site. The Site and its content are made available to users “as is” and “as available” without any representation, warranty or condition of any kind, whether express or implied.
Aquatopia assumes no liability that may arise from information provided by a customer or user of the Site that is inaccurate, as per Article 15 of these General Conditions of Sale.
Aquatopia reserves the right to suspend, limit or terminate your user account and your use of the Site at its sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the Site, Client misuse or abuse of the Site, or if a Client has been or is currently in violation of the General Conditions of Sale. Aquatopia will not assume any liability for any suspension, limitation or termination of your access to the Site.
12) FORCE MAJEURE
Aquatopia shall be excused from all liability to the Client, if Aquatopia cannot provide services due to loss of control including, without limitation: acts of God, fire, flood, war, accidents, power outage, sabotage, embargo, acts of terrorism, riots, government restrictions, or requirements, labour disputes, strikes, or shortages affecting Aquatopia or its suppliers, actions or regulations of any government agency, loss of operations at the Facility and the inability of Aquatopia to obtain material of service from its suppliers, or to obtain equipment or transportation.
13) INTELLECTUAL PROPERTY
All elements contained on the Site, except for User Generated Content, as defined below, including, but not limited to, text, software, code, the design, graphics, photos, sounds, music, videos, applications, interactive features as well as any other content remain the exclusive property of Aquatopia and are protected by intellectual property rights.
Aquatopia is the sole owner of all of its intellectual property rights of any nature, including in particular any patent, industrial design, trademark, copyright and commercial secret, contained on the Site and/or filed and registered with the Canadian Intellectual Property Office by the latter. No mention in these General Conditions of Sale should be interpreted as an express or implicit transfer of intellectual property rights belonging to Aquatopia.
The materials appearing on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified, in whole or in part, whether in textual, graphic, audio, video, or executable form, without the express written authorization of Aquatopia.
By “User Generated Content”, Aquatopia means: communications, elements, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that the Client and/or other users of the Site publish or make available on or through the Site, except for content which is the property of Aquatopia.
14) PROHIBITED USES
The information, documents, data or any other element linked to the use of the Site or the purchase of the services of Aquatopia, cannot be used for any other purpose other than those for which they are intended.
By agreeing to these General Conditions of Sale, you agree not to use the Site for illicit purposes or any other purpose prohibited under this clause. You agree never to use the Site in any way that could harm the reputation or financial status of Aquatopia, or any of its affiliate commercial activities.
By agreeing to these General Conditions of Sale, you also agree never to use the Site for the following purposes:
- harass, abuse or threaten others or otherwise violate any person's Canadian Charter rights;
- violate the intellectual property rights of Aquatopia or any other third party;
- upload or transmit computer viruses or any other software that could damage the property of Aquatopia;
- commit fraud;
- create or participate in any illegal gambling, lottery or pyramid scheme;
- publish or distribute obscene or defamatory material;
- publish or distribute any material that incites violence, hatred, or discrimination against any group; and or
- unlawfully collect information about others;
15) USE OF ACCOUNT
If a Client’s use of the Site requires the creation of an account requiring you to identify yourself as a user of the Site (hereinafter referred to as a “User Account”), the following conditions apply:
- you are solely responsible for your User Account, its maintenance, confidentiality and security, all passwords related to it as well as the activity of any person who has access to it with or without your permission;
- you agree to immediately report to Aquatopia any unauthorized use of your User Account, unauthorized services and/or passwords linked to your User Account, or any other breach of security. Furthermore, you agree to assist Aquatopia in stopping any infringement and/or remedy said infringement as quickly as possible;
- you agree to provide Aquatopia with truthful, accurate and current user information, and you agree to notify Aquatopia of any change concerning any information linked to your User Account.
16) PRIVACY AND CONFIDENTIALITY
All information regarding Aquatopia’s Privacy Policy is available on the Site at the following address: http://aquatopia.world.
17) INDEMNIFICATION & LIMITATION OF LIABILITY
Subject to any limitations stated in these General Conditions of Sale, the Client agrees to indemnify and hold harmless Aquatopia, their respective officers, directors, employees, volunteers, and subcontractors, against all claims, damages, losses, and actions, including reasonable legal fees, arising out of damages or liabilities for bodily injury, including death, or property damage, caused by a negligent act, strict liability, breach of contract, error, or omission, of the Client or any of its guests, agents, or employees, in the performance of its obligations under these General Conditions of Sale.
Under no circumstance will Aquatopia be held liable for indirect or consequential damages including, without limitation, loss of use or loss of profits.
18) SPAM POLICY
You are strictly prohibited from using the Site or any service offered on the Site for illegal spam-related activities, including collecting addresses and personal information of others or sending mass commercial emails.
19) HEADINGS & SEVERABILITY
The headings to these General Conditions of Sale are for convenience and reference purposes only and shall not constitute a part thereof. If any element of these General Conditions of Sale is later held to violate the law or regulation, it shall be deemed void, and all remaining provisions shall continue in force.
20) COMPLAINTS AND CONCERNS
For any complaints or concerns with a product or service offered and/or provided by Aquatopia, we invite you to promptly contact Aquatopia’s customer service so we may have an opportunity to take corrective action.
21) QUESTIONS AND ADDITIONAL INFORMATION
For any questions or comments regarding the services offered by Aquatopia or any of its policies, we invite you to contact us at your convenience:
By telephone: 613-225-7663
By email: catering@aquatopia.world
By mail: 2710 March Road, Carp, ON K0A 1L0
Date of last update: April 1, 2024