IMPORTANT: THESE TERMS ARE A BINDING AGREEMENT. THEY INCLUDE AN INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, A ONE-YEAR TIME LIMIT FOR CERTAIN CLAIMS, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THEM CAREFULLY.
These Terms of Service (the “Terms”) are between you and TACANIJO, INC., doing business as Ta Canijo, together with any affiliated entity or restaurant operator that owns, operates or provides the applicable Service and has authorized these Terms (collectively, “Ta Canijo,” “we,” “us” or “our”).
Agreement and scope
These Terms govern your access to and use of any Ta Canijo website, mobile application, online-ordering page, loyalty or rewards program, gift-card feature, catering or event inquiry, digital communication program, social-media feature, in-store digital experience and other online or mobile service that links to these Terms, together with related content, functions and customer-support interactions (collectively, the “Services”).
By accessing or using a Service, creating an account, placing an order, enrolling in rewards, submitting a form, clicking an acceptance box or otherwise indicating agreement, you accept these Terms and any additional terms presented for a specific feature. If you do not agree, do not use the Services. Our Privacy Policy and any feature-specific rules, order confirmation, promotion rules or catering agreement presented to you are incorporated by reference where applicable.
If a separate written catering agreement, order confirmation, promotion rule or feature-specific term conflicts with these Terms, the more specific term controls only for that transaction or feature. Third-party terms govern your relationship with the applicable third party. These Terms govern your relationship with Ta Canijo.
Eligibility and authority
You must be at least 18 years old and legally capable of entering into a contract to create an account, place an order, enroll in a program or otherwise enter into a transaction through the Services. The Services are not directed to children under 13. A parent or legal guardian who permits a minor to use a Service is responsible for the minor’s activity to the fullest extent permitted by law.
If you use the Services for a company, organization or other person, you represent that you have authority to bind that party. “You” then includes both you and that party. You may not use the Services if you have been suspended or prohibited from doing so.
Privacy, analytics and electronic communications
Our privacy notices describe how personal information is collected, used, disclosed and retained, and the choices available to you. The privacy notice presented in the applicable Service controls the data practices for that Service. The current mobile-app privacy notice is available at tacanijo.com/privacy-policy. Additional just-in-time notices may apply to particular features.
Subject to applicable law and our privacy notices, we and our providers may use device, usage, transaction, location, interaction and preference information to operate, secure, troubleshoot, measure and improve the Services; personalize experiences; prevent fraud; understand performance; and create aggregated or deidentified analytics. Aggregated or deidentified information that cannot reasonably identify you may be used for lawful business purposes.
You consent to receive agreements, receipts, disclosures, notices and other records electronically. Transactional messages may include order confirmations, pickup or delivery updates, security codes, account notices and service messages. You are responsible for keeping your email address and telephone number current and for retaining copies of important records.
Text messages, email and push notifications
If you separately opt in to marketing texts, you authorize Ta Canijo and its service providers to send recurring marketing text messages, including messages sent using automated technology, to the mobile number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to a message to opt out and HELP for help. Carriers are not liable for delayed or undelivered messages. You represent that you are the subscriber or customary user of the number and will notify us before transferring or deactivating it.
You may unsubscribe from marketing email using the link in the message. You may control push notifications through the App or device settings. Opting out of marketing does not stop transactional, security or legally required communications. Separate programs may have additional disclosed terms.
Accounts and mobile application
Some Services require an account. You must provide accurate, current and complete information; maintain only the number of accounts we permit; protect your credentials; and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for charges made using a payment method linked to it, except to the extent applicable law provides otherwise. We may require identity, account or payment verification.
Subject to these Terms, Ta Canijo grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the official Ta Canijo mobile application on a compatible device you own or control, solely for personal, lawful use of the Services. The license does not transfer ownership of the App or any content.
The App may use technology supplied or hosted by Toast, Inc. or other providers. Features may depend on your device, operating system, location permissions, network, carrier, App version and third-party availability. We may issue updates, alter features or discontinue support. You are responsible for data, messaging and device charges.
Apple and Google platform terms
If you download the App from the Apple App Store or Google Play, the applicable store terms also apply. As between Ta Canijo and the platform provider, Ta Canijo, not Apple or Google, is responsible for the App and its content, maintenance and support, subject to these Terms.
Apple and Google have no obligation to provide maintenance or support and are not responsible for claims relating to the App, except as required by their terms or applicable law.
Apple and Google are intended third-party beneficiaries of this paragraph and may enforce it.
Your use must comply with applicable platform usage rules.
Location features and safety
If you enable location services, the App may use precise or approximate location to show nearby restaurants, maps, offers or other location-enabled features. Location and map information may be delayed, incomplete or inaccurate and is not an emergency, navigation or safety service. Do not use a Service while driving or whenever use would be unsafe or unlawful.
Online ordering and payment
An order is an offer to purchase from the Ta Canijo restaurant location that accepts the order (the “Location Operator”). An automated acknowledgment does not guarantee acceptance. The Location Operator may accept, reject, limit or cancel an order for availability, pricing or description errors, operational limits, suspected fraud, safety concerns, legal compliance or other legitimate reasons. If an order is canceled after a completed charge, the responsible party will issue or initiate an appropriate refund to the original payment method, subject to processing times outside our control.
Menu items, prices, taxes, service charges, delivery charges, small-order charges, gratuities, promotions and availability may vary by location, channel and time. The total displayed before submission controls, subject to correction of an obvious error. By selecting the final purchase button, you authorize the Location Operator and its payment provider to charge the displayed total, including taxes, fees and any gratuity you select. You represent that you are authorized to use the payment method.
Payment processors may place temporary authorizations, use updated card information supplied by payment networks, resubmit a legitimately owed transaction after a decline or reversal, and take reasonable steps to prevent fraud. Your card issuer’s terms also apply. You remain responsible for legitimate amounts owed, even if a payment is later reversed. Fraudulent chargebacks or payment abuse may result in account suspension and lawful collection efforts.
Order accuracy, substitutions and changes
You are responsible for selecting the correct location, items, quantities, modifiers, pickup or delivery method, address, contact information and requested time before submission. We may contact you about unavailable items or reasonable substitutions. A requested modification is not accepted unless the Location Operator confirms it. Notes submitted with an order are requests, not guarantees, and must never be relied on to communicate a severe food allergy.
Cancellations, refunds and complaints
Once preparation begins, an order generally cannot be changed or canceled. Refunds and credits are determined by the Location Operator under the policy disclosed at the time of purchase and applicable law. Contact the restaurant shown on the receipt promptly with the order number and details. A third-party delivery provider may control delivery-related refunds or credits. Refund timing depends on the payment provider and financial institution. Nothing in these Terms eliminates non-waivable consumer rights.
Pickup, delivery and transfer of responsibility
Pickup and delivery times are estimates, not guarantees. Conditions including demand, traffic, weather, staffing, equipment, supplier shortages and third-party delivery operations can cause delays. You must arrive or be available at the stated time, provide safe and lawful access, answer reasonable communications and verify the order before leaving when practicable.
If you or your designee fails to collect a pickup order, is unavailable for delivery, provides an incorrect address or instructs that an order be left unattended, the order may be treated as completed and may not be refundable to the fullest extent permitted by law. Responsibility for the order transfers when it is handed to you or your designee, placed at the delivery location according to your instructions, or collected from the restaurant.
After transfer, you are responsible for prompt consumption, refrigeration, storage, reheating and other safe handling. Ta Canijo is not responsible for deterioration or injury caused by delay, improper storage, contamination, reheating, handling or alteration after the order leaves our control, except to the extent the law provides otherwise.
Third-party delivery companies are independent service providers. Their separate terms and privacy practices apply. To the fullest extent permitted by law, Ta Canijo is not responsible for a third party’s acts, omissions, delays, routing, handling, fees or communications, but this does not limit responsibility that cannot lawfully be disclaimed.
Menu information, allergens and dietary needs
Food-allergy and cross-contact warning: Our kitchens, food trucks, catering operations and suppliers handle common allergens and use shared preparation areas, utensils, equipment, fryers, grills, storage and delivery environments. Cross-contact can occur. We do not represent or guarantee that any menu item is free of any allergen, even if an ingredient is omitted or a modification is requested.
Guests with allergies, celiac disease or other medical dietary restrictions must notify the applicable location directly before ordering and determine whether ordering is appropriate. Do not rely solely on website, App, menu, third-party platform or order-note information for a severe allergy. Online or written dietary selections are not medical advice and do not replace a direct conversation with trained restaurant staff. If the risk of cross-contact is unacceptable, do not consume the item.
Ingredient, allergen, nutrition and calorie information is based on available recipes, supplier information, standard portions and preparation methods. Actual values may vary because of substitutions, regional suppliers, customization, preparation, serving size, seasonality or human variation. Recipes and suppliers may change without notice. Photos and illustrations are examples and may differ from the item received. Labels such as vegetarian, vegan or gluten-conscious describe intended ingredients, not an allergen-free environment.
Catering and food-truck events
A website inquiry, availability response or preliminary quote does not reserve a date. A catering or food-truck booking becomes binding only when Ta Canijo issues written confirmation and receives any required signed agreement, deposit or payment. Website package descriptions, guest counts and “starting at” prices are examples and may change based on location, date, duration, staffing, travel, service format, venue, menu, taxes and other requirements.
The accepted quote or separate catering agreement controls the final menu, estimated or guaranteed headcount, service window, delivery or truck location, fees, payment schedule, cancellation terms, change deadlines and refund rights. You are responsible for reviewing the confirmation and promptly correcting errors. Changes are subject to availability and may change the price.
You are responsible for obtaining venue approvals and permits assigned to you; providing accurate event details; ensuring lawful, safe and reasonably accessible parking, loading, setup and service areas; disclosing site restrictions; and maintaining appropriate conduct by guests and vendors. Ta Canijo may pause or end service without liability if conditions are unsafe, unlawful, threatening, abusive, inaccessible or materially different from what was disclosed.
Unless the written agreement states otherwise, service times are estimates and may be adjusted for conditions outside reasonable control. Ta Canijo is not liable for delay or failure caused by severe weather, road closures, government action, utility or equipment failure, vehicle breakdown, labor disruption, public-health events, supplier shortages, casualty, venue failure or other circumstances beyond reasonable control. The parties will follow the rescheduling, substitution or refund terms in the applicable agreement and applicable law.
Rewards and loyalty programs
Ta Canijo may offer a rewards or loyalty program through the App, Toast or another provider. Enrollment may require an account, telephone number, email address or linked payment method. Unless program disclosures state otherwise, membership is personal, limited to one account per person, non-transferable and not for resale or commercial use.
Points, visits, rewards, status and other benefits are promotional only, have no cash value, are not property, do not create a vested right and may not be sold, assigned, combined, transferred or exchanged for cash. Qualifying purchases, exclusions, accrual rates, redemption thresholds, expiration and participating locations are shown in the applicable program or offer. Taxes, tips, fees, gift-card purchases, delivery charges and discounted amounts may be excluded unless stated otherwise.
Points or rewards may be delayed, corrected, withheld or reversed for returns, refunds, chargebacks, cancellations, errors, suspected abuse or ineligible activity. We may limit transactions, combine duplicate accounts, suspend access or cancel benefits for fraud, manipulation, resale, automated activity or violation of these Terms. Subject to applicable law, Ta Canijo may change or end a program, eligibility rule, earning method, redemption method, benefit or expiration rule. Notice will be provided when required by law.
Gift cards, discounts and promotions
Gift cards are subject to the terms disclosed with the card and applicable law. Unless required by law, they are not redeemable for cash, refundable, reloadable or replaceable if lost, stolen, destroyed or used without authorization. Gift cards may be rejected, suspended or canceled if obtained or used fraudulently. Gift cards may not be used to purchase other gift cards unless expressly allowed.
Coupons, rewards, promotional codes, discounts and limited-time offers are subject to their stated rules, expiration, participating locations, item exclusions, availability and redemption limits. Unless stated otherwise, they are personal, single-use, non-transferable, not redeemable for cash, not valid on taxes, tips, fees or gift cards, and cannot be combined. We may correct an error or refuse abusive, unauthorized, duplicated, altered or fraudulent use. Separate promotion or sweepstakes rules control if they conflict with this section.
Acceptable use
You may use the Services only for their intended, lawful purposes. You may not, and may not help another person to:
- violate law, third-party rights, these Terms or feature-specific rules;
- access another person’s account or use a payment method, identity, reward, gift card or promotion without authorization;
- commit fraud, place sham orders, abuse refunds or chargebacks, manipulate rewards, evade limits or resell offers;
- scrape, crawl, harvest, index, mirror, frame, copy or extract content or data using automated means, except as expressly authorized in writing or by standard search-engine protocols;
- reverse engineer, decompile, disassemble, modify, translate, create derivative works from or attempt to discover source code for the App or Services, except where a non-waivable law permits it;
- introduce malicious code, overload or disrupt the Services, bypass security or access controls, probe for vulnerabilities or interfere with another user;
- use the Services or content to train, test or develop an artificial-intelligence or machine-learning system without written permission;
- harass, threaten, impersonate, exploit or invade the privacy of another person; or
- use the Services for unauthorized commercial solicitation, resale or competitive intelligence.
We may investigate suspected misuse, preserve relevant information, cooperate with lawful requests, cancel affected transactions and restrict or terminate access. These remedies are cumulative.
User content, reviews and feedback
The Services may allow you to submit messages, reviews, ratings, photos, videos, event details, ideas or other material (“User Content”). You retain ownership of your User Content. You represent that you own or control all necessary rights; the content is accurate as to your experience; and its submission and our permitted use will not violate law, confidentiality duties, privacy, publicity, intellectual-property or other rights.
You grant Ta Canijo and its affiliates, location operators and service providers a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to host, store, reproduce, modify, adapt, translate, publish, distribute, display, perform, create derivative works from and otherwise use User Content in connection with operating, improving, analyzing and promoting Ta Canijo and the Services in any media, subject to our privacy notices. You waive moral rights to the extent permitted by law.
Do not submit confidential business information or an idea you expect us to treat as confidential or compensate. Feedback may be used without restriction, attribution or payment. We may monitor, refuse, edit or remove User Content, but have no obligation to do so. You are responsible for backups.
Intellectual property
The Services and all Ta Canijo names, logos, trade dress, menus, designs, text, photographs, graphics, audio, video, software, data compilations and other content are owned by or licensed to Ta Canijo and protected by intellectual-property laws. Except for the limited App license and ordinary personal viewing expressly permitted by these Terms, no right or license is granted. All rights are reserved.
Copyright complaints
A copyright owner who believes material in a Ta Canijo-controlled Service infringes a copyright may send a compliant notice under the Digital Millennium Copyright Act to: TACANIJO, INC., d/b/a Ta Canijo, Attn: DMCA Agent, 111 Ogden Ave, Clarendon Hills, IL 60514; email: contact@tacanijo.com. The notice should identify the copyrighted work, the allegedly infringing material and its location, the complaining party’s contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury, and a physical or electronic signature. Misrepresentations may create liability.
Third-party services and links
The Services may use, link to or integrate with Toast, payment networks, delivery providers, mapping services, social networks, app stores, analytics providers, advertising partners and other third parties. We do not control third-party services and do not endorse or warrant their availability, accuracy, security, content, privacy or conduct. Their terms and privacy policies apply to your use of their services. Access is at your own risk, subject to non-waivable law.
Career information
Job listings are informational, may change or close without notice and do not constitute an offer, promise or employment contract. Submitting an inquiry or application does not guarantee an interview or employment. Employment is governed by the terms communicated during the hiring process and applicable law. Do not submit sensitive information that is not requested.
Availability, changes and termination
We may change, suspend, withdraw, restrict or discontinue all or part of a Service, feature, menu, location, program or offer at any time for operational, security, legal or business reasons. We do not guarantee continuous availability, compatibility or error-free operation. If a change affects a completed transaction, the applicable order or catering terms and non-waivable law control.
We may suspend or terminate your account or access, cancel pending benefits, or remove content if we reasonably believe you violated these Terms, engaged in fraud or harmful activity, created legal or security risk, or if suspension is otherwise permitted by law. Termination does not eliminate obligations, charges or liabilities incurred earlier. Provisions that by their nature should survive will survive, including ownership, licenses, disclaimers, liability limits, indemnity and dispute resolution.
Disclaimers
To the fullest extent permitted by law, the digital services and their content are provided “as is” and “as available.” The Ta Canijo Parties disclaim all express, implied and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security and quiet enjoyment. We do not warrant that the Services will be uninterrupted, error-free, secure or free of harmful components, or that information will be complete, current or reliable.
The “Ta Canijo Parties” are Ta Canijo, its parents, subsidiaries, affiliates, Location Operators, licensors, service providers and each of their owners, officers, directors, employees, contractors, agents, successors and assigns. No oral or written statement creates a warranty not expressly stated in these Terms. Some jurisdictions do not allow certain disclaimers, so portions may not apply to you.
Limitation of liability
To the fullest extent permitted by law, the Ta Canijo Parties will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages; loss of profits, revenue, goodwill, data or business; cost of substitute services; or damages arising from service interruption, third-party conduct, unauthorized account use or reliance on digital content, even if advised that such damages were possible.
To the fullest extent permitted by law, the aggregate liability of the Ta Canijo Parties arising out of or relating to a Service or transaction will not exceed the greater of (a) the amount you paid for the specific transaction giving rise to the claim or (b) one hundred U.S. dollars ($100). This limit applies regardless of the theory of liability and even if a remedy fails of its essential purpose.
Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, fraud, death or personal injury to the extent such liability cannot be excluded, or any other liability or consumer right that cannot lawfully be limited. The limitations apply only to the maximum extent permitted in your jurisdiction.
Indemnification
To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Ta Canijo Parties from third-party claims, losses, liabilities, judgments, penalties, damages, costs and reasonable attorneys’ fees arising from your unlawful or unauthorized use of a Service, your User Content, your violation of these Terms, your infringement of another person’s rights, or your fraud or willful misconduct. This obligation does not require you to indemnify a party for that party’s own negligence, unlawful conduct or other conduct that cannot lawfully be shifted to you. We may control the defense of an indemnified matter, and you will reasonably cooperate.
Dispute resolution: individual arbitration
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND TA CANIJO AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED, AND CLASS OR REPRESENTATIVE PROCEEDINGS ARE NOT AVAILABLE.
Covered disputes
“Dispute” means any claim, controversy or disagreement between you and any Ta Canijo Party arising out of or relating to the Services, these Terms, a privacy notice, an order, food or product information, catering, delivery, rewards, gift cards, promotions, communications, advertising, your account or the parties’ relationship. It includes claims based on contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms; and claims arising after termination.
Informal resolution required first
Before starting arbitration, the claimant must send a personally signed written Notice of Dispute. Your notice must include your name, mailing address, email address, telephone number, account identifier if any, the location and transaction involved, a detailed description of the facts and legal basis, and the specific relief sought with a good-faith calculation. Send notices by email to contact@tacanijo.com with the subject “LEGAL NOTICE OF DISPUTE” and by certified mail to:
Ta Canijo, Attn: Legal Notices, 111 Ogden Ave, Clarendon Hills, IL 60514.
Our notice to you will be sent to the most recent contact information on file. For 60 days after a complete notice is received, the parties will attempt in good faith to resolve the Dispute. Either party may request a telephone or video settlement conference, and the parties will personally participate with counsel if represented. This process is a condition precedent to arbitration. Applicable limitation periods are tolled from receipt of a complete notice through the end of the 60-day period.
Arbitration procedure
Unresolved Disputes will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator under the AAA Consumer Arbitration Rules and Mediation Procedures and, where applicable, the AAA Mass Arbitration Supplementary Rules, as modified by this section. The rules and filing instructions are available at adr.org. This agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and federal arbitration law.
A demand must be personally signed by the filing party and counsel, if represented, and must certify completion of the informal process. Hearings will ordinarily occur by documents, telephone or video unless the arbitrator determines an in-person hearing is necessary. Any in-person consumer hearing will take place in the county where you reside unless the parties agree otherwise. Fees will be allocated under the AAA Consumer Rules and applicable law. Each party bears its own attorneys’ fees unless a statute, these Terms or the arbitrator’s finding of sanctionable conduct permits an award.
The arbitrator may award the same individual relief available in court, but only to the extent necessary to resolve the individual claimant’s Dispute. A court of competent jurisdiction will decide disputes concerning the existence, scope, validity or enforceability of this arbitration agreement or the class-action waiver. The arbitrator will decide the merits and all other issues assigned under the AAA rules.
Exceptions
Either party may bring an individual claim in small-claims court if it remains within that court’s jurisdiction and is not removed or appealed to a court of general jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual-property rights, confidential information, accounts or systems while arbitration is pending. Nothing prevents you from reporting a matter to a government agency or seeking relief the agency may lawfully provide.
Class-action, representative-action and jury-trial waivers
To the fullest extent permitted by law, you and Ta Canijo may bring a Dispute only in an individual capacity. Neither party may participate as a plaintiff, claimant or class member in a class, collective, consolidated, coordinated, private-attorney-general or representative action. The arbitrator may not consolidate more than one person’s claims or preside over a class or representative proceeding without written consent of all parties. You and Ta Canijo waive a jury trial for any Dispute that proceeds in court.
If applicable law prohibits waiver of a request for public injunctive relief, that request will be decided by a court after the individual claims and individual relief are arbitrated. The request will be stayed while arbitration proceeds.
Coordinated or mass filings
If 25 or more substantially similar arbitration demands are presented against a Ta Canijo Party by the same or coordinated counsel or organizations, they will be treated as coordinated filings. Counsel must meet and confer in good faith regarding efficient administration, and the AAA Mass Arbitration Supplementary Rules will apply. Unless the parties agree otherwise, 20 demands will be selected for an initial batch of individual proceedings, with each side selecting 10. The remaining demands will not be deemed filed and no filing or case-management fees will be due for them until selected, but applicable limitation periods will be tolled.
After the initial batch is resolved, the parties will participate in one mediation addressing the remaining demands. If unresolved, additional demands will proceed in sequential batches of no more than 50 individual cases, subject to reasonable adjustments agreed by the parties or directed by the AAA process arbitrator. A court of competent jurisdiction may enforce this batching process. If a final court decision holds the batching process unenforceable for a particular claimant, that claimant’s Dispute will proceed individually in arbitration unless the decision also holds individual arbitration unenforceable.
Thirty-day arbitration opt-out
You may opt out of this arbitration agreement by sending a personally signed notice within 30 days after the first date you accept a version of these Terms containing it. Email the notice to contact@tacanijo.com with the subject “ARBITRATION OPT-OUT” and mail it to the Legal Notice address above. Include your full name, account email and telephone number, mailing address, date of acceptance and an unambiguous statement that you opt out. Opting out does not affect the remaining Terms. Ta Canijo will not be bound to arbitrate Disputes with a person who validly opts out.
One-year claim deadline
To the fullest extent permitted by law, any Dispute must be formally commenced within one year after the claimant knew or reasonably should have known of the facts giving rise to it, unless applicable law requires a longer period. The deadline is tolled only during the mandatory informal process or as otherwise required by law. A claim filed after the deadline is permanently barred.
Governing law and court venue
The Federal Arbitration Act and federal arbitration law govern the arbitration agreement. In all other respects, these Terms are governed by Illinois law, without regard to conflict-of-law rules, except where your state’s non-waivable consumer law applies. Any court proceeding permitted under these Terms, other than an eligible small-claims matter, must be brought exclusively in the state courts located in Will County, Illinois, or the United States District Court for the Northern District of Illinois. Each party consents to personal jurisdiction and venue there, subject to applicable law.
Changes to these Terms
We may update these Terms by posting a revised version and changing the Effective Date. We will provide additional notice or obtain renewed consent when required by law. Changes apply prospectively from their effective date. Continued use after the effective date constitutes acceptance where permitted by law. If you do not agree, stop using the Services and close your account.
A material change to the arbitration agreement will not apply to a Dispute for which we received a complete Notice before the change became effective. If we materially change the arbitration agreement after you accepted it, you may reject only that change by following the arbitration opt-out method within 30 days after notice; the version previously accepted will then govern.
General terms
Force majeure. No Ta Canijo Party is liable for delay or failure caused by circumstances beyond reasonable control, subject to any express transaction term and non-waivable law.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with an affiliate transaction, financing, reorganization, merger, acquisition, sale of assets or by operation of law, provided the assignment does not eliminate non-waivable rights.
Severability. Except as specifically stated in the dispute-resolution section, if a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective.
No waiver. A failure or delay in enforcement is not a waiver. A waiver must be written and applies only to the stated instance.
Entire agreement. These Terms and incorporated feature-specific terms are the entire agreement concerning the Services and supersede prior communications on that subject. They do not replace a separate signed catering or commercial agreement except as that agreement states.
No relationship. The Terms do not create an agency, partnership, joint venture, employment or fiduciary relationship between you and Ta Canijo.
Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” Electronic records and signatures have the same effect as paper records and handwritten signatures.
Translations. An unofficial translation is provided for convenience only. To the extent permitted by law, the English version controls if there is a conflict.
Accessibility
If you have difficulty accessing a Service or need information in an alternative format, contact us at contact@tacanijo.com. We will make reasonable efforts to provide assistance consistent with applicable law.
Contact and legal notices
Questions about the Services or an order should first be directed to the restaurant identified on the receipt or to contact@tacanijo.com.
Legal notices must be sent to: TACANIJO, INC., d/b/a Ta Canijo, Attn: Legal Notices, 111 Ogden Ave, Clarendon Hills, IL 60514; email: contact@tacanijo.com.
California consumers may contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210.
