TERMS OF USE

TERMS OF USE

Welcome to Tiggy. This page (together with the documents referred to in it) tells you the terms (the "Terms") which apply when you order any menu items (the "Items") from our mobile applications and related services (each referred together as an "Application").
Please read these Terms carefully before creating a Tiggy account or using our Application. By setting up your Tiggy account, you confirm that you accept these Terms.

INFORMATION ABOUT TIGGY
Tiggy is incorporated and registered in Canada as Tiggy Delivery Corp with its registered office at 118 Tower Hill Road, Richmond Hill, Ontario, Canada, L4E0K6. You may contact us at support@gotiggy.com or using the mailbox 1231 Pacific Blvd, Office 129, Vancouver, BC, V6Z 0E2
Purpose
Our objective is to link you to our local dark stores ("Stores") and allow you to order Items for delivery (our "Service"). Where you order from one of our Stores, Tiggy processes your order from our Application and manages your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Tiggy.

YOUR ACCOUNT
Before you can place orders for Items using our Application, you need to open a Tiggy account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so by contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing the Service.

SERVICE AVAILABILITY
Each Store has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service or other - this is to ensure that Items reach your door at their best. Each Store can also have varying operating hours. That means that the availability of our Service, and the range of Stores from which you can order, depends on the Stores in your area.

ORDERS
When you place an order through our Application, it becomes accepted before we start delivery of the products. We will send you a notification if we start delivering your order (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Stores can operate a minimum order value policy - this will be displayed on our Application. Items available for purchase may contain nuts or other allergens. Tiggy uses different sources of information to detect such items and highlight allergens, but cannot guarantee that any of the Items sold are free of allergens even if allergen information is not present in Application.

DELIVERY
When you place an order we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 10 minutes late, and we haven't notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
You may still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
  • You do not come to the door, did not pick up the phone when the rider contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the rider is unable to find a safe location to leave the food.
  • The rider refuses to deliver the Item to you in accordance with section “Age restricted products”.

YOUR RIGHTS IF SOMETHING IS WRONG WITH YOUR ITEMS
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

AGE RESTRICTED AND REGULATED PRODUCTS
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you have a legal capacity to make such a purchase. Tiggy operates an age verification policy. As an example, customers ordering age restricted products will be asked by the rider to provide proof of age and identity before the delivery is completed. The rider may refuse to deliver any age restricted product to any person unless they can provide valid proof of age and identity. Other verification methods could also be applied and may result in refusal of delivery of any age restricted products. Tiggy may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the delivery of any age restricted product is refused, you may still be charged for the relevant Item and for delivery.

CANCELLATION
You may cancel an order without charge at any time before we accept the order. If you wish to cancel an order, please contact us immediately, via our Application. If we confirm the order has not started delivery yet, we will refund your payment (excluding any discount, or promo code that was applied to the order - see Voucher Terms for more detail). If you cancel any order after it gets picking status, you may be charged the full price for the Items, and if the rider has been dispatched you will also be charged for delivery.
Tiggy may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

PRICES, PAYMENT AND OFFERS
Tiggy may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at our discretion. We reserve the right to charge a service fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable service fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders unless there is an obvious pricing mistake.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and delivery and applicable service fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Tiggy. Once your order has been confirmed your credit or debit card will be authorized and the total amount marked for payment. Payment is made directly to Tiggy.
Tiggy sometimes makes special offers available through the Application. These offers are at the discretion of each Store. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer, and we have sent the сonfirmation notice.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is "foreseeable" if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees', agents' or subcontractors' failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarize at part 7 above; or for defective Items under the Canada Consumer Product Safety Act (CCPSA). Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.

OTHER TERMS
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by Canadian law and you can bring legal proceedings in relation to our Service in the Canadian courts.