Terms of Use

Last modification: 2018-05-04


1.1. This is an agreement between Better Be Grilled Inc. (“Better Be Grilled“), owner and operator of the online platform available at the address https://www.grilled.com/ (the “Platform“), and you, a user of the Platform. By using the Platform, including the services offered on the Platform (the “Services”), you acknowledge and agree to these terms of use (“Terms of Use”) and to Better Be Grilled’s Privacy Policy, accessible at https://www.grilled.com/terms-of-use, and incorporated to these Terms of Use by reference. If you do not agree with these Terms of Use or with the Privacy Policy, please refrain from using the Platform and the Services immediately.

1.2. The Platform and the Services are available only to users who can form legally binding contracts under applicable law. By using the Platform or the Services, you hereby represent and warrant that you are at least eighteen (18) years of age and are not barred from using the Platform or the Services, under applicable law.


2.1. Better Be Grilled reserves the right, in its sole discretion, to change these Terms of Use from time to time.

2.2. Unless Better Be Grilled changes the Terms of Use for legal or administrative reasons, Better Be Grilled will provide reasonable prior notice before the updated Terms of Use become effective. You agree that Better Be Grilled may notify you of the updated Terms of Use by posting them on the Platform.

2.3. The updated Terms of Use will be effective as of the time of their posting on the Platform or on such later date as may be specified in the updated Terms of Use, and will apply to your use of the Platform from that point forward.

2.4. Your use of the Platform after the effective date of the updated Terms of Use constitutes your agreement to these updated Terms of Use. You should review these Terms of Use and any updated Terms of Use before using the Platform.


3.1. During the term of this agreement, Better Be Grilled grants you a limited, non-exclusive and non-transferable right to access and use the Platform, for your personal use in accordance with these Terms of Use (“Authorized purposes”).

3.2. You may not engage in any of the following prohibited activities:

3.2.1. using the Platform for purposes other than the Authorized purposes;

3.2.2. copying, distributing, or disclosing any part of the Platform in any medium, including by any automated or non-automated web scraping tool or technique;

3.2.3. using any automated system, including “robots”, “spiders” and “offline readers”, to access the Platform;

3.2.4. transmitting, via the Platform, spam, chain letters, or other unsolicited emails;

3.2.5. attempting to interfere with the servers running the Platform, compromise their system integrity or security, or decipher any transmissions to or from them;

3.2.6. taking any action that, at Better Be Grilled’s sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Platform infrastructure;

3.2.7. uploading invalid data, viruses, worms, or other malware through the Platform;

3.2.8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Platform;

3.2.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

3.2.10. interfering with the proper functioning of the Platform;

3.2.11. accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; or

3.2.12. bypassing the measures that Better Be Grilled may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content therein.

3.3. Better Be Grilled shall have the right to investigate and prosecute any violations of the Terms of Use, to the fullest extent permitted by law. You acknowledge that Better Be Grilled has no obligation to monitor your access to or use of the Platform, but has the right to do so, to ensure compliance with these Terms of Use, applicable laws, court orders, governmental requirements or other applicable requirements.


When you provide Better Be Grilled with your email address via the Platform, you expressly consent that Better Be Grilled will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you to (i) validate certain information relating to your account, (ii) send you copies of your purchase bills by email, (iii) keep you informed of the status of your account on the Platform, (iv) conduct surveys or verifications relating to the Platform, namely its functionalities, user-friendliness or your appreciation of the Platform, or (v) any other purpose relating to the Platform, the Services, or security of users.


5.1. All trademarks (including words, expressions and logos) used by Better Be Grilled for the purposes of distinguishing or so as to distinguish its own goods or services from those of others are owned by Better Be Grilled. Better Be Grilled’s trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Better Be Grilled.

5.2. All original works (including photographs, videos, designs and logos) reproduced or published on the Platform are protected by copyright. The owner of the copyright in each of such works reserve all its rights relating thereto. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.

5.3. This Platform or any part thereof may also be protected by industrial designs or patents. Better Be Grilled reserves all rights to the Platform not expressly granted.

5.4. You agree not to challenge the validity and property of Better Be Grilled’s intellectual property rights.


The Platform is provided to you “as is” as “as available”, without any warranties of any kind. You acknowledge and agree that you assume all risks arising from your access or use of the Platform. Better Be Grilled makes no representation or warranty regarding the Platform, the Services and the functionalities, including warranties regarding (i) the merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of third parties, (ii) the functioning of the Platform and the Services without error or interruption and in a safe manner, (iii) the fact that the use of the Platform will meet your expectations and needs, (iv) the accuracy, exhaustiveness, reliability and relevance of the Platform, (v) the correction of defaults or errors in the Platform, (vi) the absence of viruses or damageable elements in the Platform, and (vii) the secure transmission and without interruption of communications via the Platform.


The Platform may contain links to third-party websites. Better Be Grilled grants access to such hyperlinks to users out of commodity. You agree and acknowledge that Better Be Grilled is not responsible for the availability of such websites, nor the accuracy of their content, products, or services available on such websites. Links to such websites do not imply any endorsement by Better Be Grilled of those websites. You acknowledge that you assume all risks arising from your use of any such websites.


8.1. To the extent permitted by law, Better Be Grilled, its affiliates, officers, employees, agents, licensees, successors and assigns, may not, under any circumstances, be held liable for any damages of any nature, indirect, special or consequential, including the loss of use, loss of profits or loss of data, arising directly or indirectly out of or in any way connected with the use or the performance of the Platform.

8.2. To the extent permitted by law, Better Be Grilled, its affiliates, officers, employees, agents, licensees, successors and assigns, decline all responsibility for any acts, omissions or conduct of any third party user of the Platform or the Services and may not in any case be held responsible for any prejudice, loss or damage (including special, indirect or accessory damages) or fees resulting in any way from acts, omissions or conduct of a third party user of the Platform and the Services.


By using the Platform and the Services, you agree to defend, indemnify and hold harmless Better Be Grilled, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlements arising from or relating to (i) your violation of these Terms of Use; (ii) your navigation, use, or incapacity to use the Platform or the Services or any other site to which the Platform is or may be linked from time to time; (iii) the use of publications, communications, distributions or downloads of any kind via the Platform or the Services or to the fact that you relied on such publications, communications, distributions or downloads; and/or (iv) your violation of applicable laws or regulations. You also agree to assist and cooperate with Better Be Grilled, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents, in the defense of any claim.


10.1. Better Be Grilled may terminate or suspend your access to or ability to use the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms of Use.

10.2. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.

10.3. The provisions of this agreement which, by their nature, should survive termination of this agreement, shall so survive, including the intellectual property, warranty disclaimers, limitations of liability and indemnification provisions. Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to the termination or limit any liability that you otherwise may have to Better Be Grilled or any third party.


11.1. These Terms of Use constitute the entire agreement between you and Better Be Grilled and replace any prior agreement between you and Better Be Grilled.

11.2. The negligence or delay by Better Be Grilled to exercise a right, recourse, power or privilege in accordance with these Terms of Use does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made by writing and must be signed by Better Be Grilled. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.

11.3. In the event that one or many provisions of these Terms of Use is declared invalid or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms of Use and these Terms of Use will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms of Use.

11.4. Without regard to principles of conflict of laws, these Terms of Use as well as the use of the Platform and Services will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada. When you use the Platform or the Services, you acknowledge that any litigation which arises, directly or indirectly, from the Platform or the Services, from your use of the Platform or the Services, or in association to these Terms of Use, will be subject to the jurisdiction of the courts of the district of Montreal.


Better Be Grilled appreciates your comments, questions and feedback, which may be forwarded to [email protected].