PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THIS WEBSITE.
These terms of use, and all documents referenced herein (collectively, the “Terms of Use”), set out the terms and conditions that apply to your use of https://surgefoodservice.ca/, including any and all materials, documentation, information and other content provided thereon (collectively, the “Website”). Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and [Surge Foodservice] [NTD: Is there a proper legal name?] [and its parent and affiliated entities] (“Surge”). If you do not accept these Terms of Use, you must not access or use the Website.
Surge may, in its sole discretion, modify, supplement or amend these Terms of Use at any time, without notice or liability, by posting revised Terms of Use on the Website. Your continued use of the Website after such changes signifies your acceptance of the revised Terms of Use.
Surge relies on the information you provide through the Website, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Surge or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your information up to date.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Surge regarding any information you provide. Unauthorized use, including accessing non-public portions, circumventing security, or disrupting functionality, is strictly prohibited and may result in legal action.
Your use of the Website may require the device you use to access the Website (“Device”) to be connected to the Internet. You are solely responsible for the cost and maintenance of any such Internet connection, including any data usage, roaming or other charges that you incur. Further, you acknowledge that, from time to time, you may be unable to access or use the Website.
Your access or use of the Website may be subject to certain minimum technical requirements. It is your responsibility: (a) to ensure that you have access to the hardware and/or software platforms required to access and use the Website; and (b) for updating and maintaining your Devices or Internet connection. Surge reserves the right to change or cease support of any hardware or software platforms at any time.
You acknowledge that you have read the Surge privacy policy as updated from time to time (the “Privacy Policy”), which is incorporated into these Terms of Use. You agree that personal information is collected, used, and disclosed as described in the Privacy Policy processed in Canada only, as set out in it.
The Website consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Surge and/or its various subsidiaries, affiliates and third-party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws.
Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Surge or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any content on the Website without express written consent from Surge.
Your use of the Website does not grant or transfer to you any ownership or other rights in the Website and, except as expressly provided herein, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Surge’s or any Third Party’s intellectual property or other rights. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Surge and/or the applicable Third Party.
You shall not, directly or indirectly:
In its sole discretion, in addition to any other rights or remedies available to Surge and without any liability whatsoever, Surge may at any time and without notice terminate or restrict your access to any component of the Website.
Except as expressly provided in these Terms of Use, and to the fullest extent allowed by law, Surge makes no representations or warranties of any kind – express, implied, statutory, or otherwise – regarding the Website, which is offered on an “as is” and “as available” basis.
Surge expressly disclaims all representations, warranties, guarantees, covenants, and conditions relating to the Website, whether express, implied, statutory, or otherwise. This includes any implied warranties or conditions of merchantability, fitness for a particular purpose, quality, title, accuracy, completeness, and non-infringement. In particular, Surge does not represent or warrant that:
Your use of the Website is solely at your own risk, and you are responsible for any damages you may incur. Surge shall not be liable for user conduct on the Website or for any damages to your Device or other property arising from your access to, use of, or downloading of any content from the Website. This applies regardless of Surge’s awareness or potential foreseeability of such damages.
Under no circumstances will Surge be liable for any direct, indirect, punitive, special, incidental, exemplary, or consequential damages, including damages for loss of use, data, profits, business interruption, or any other damages, arising from or related to your use or performance of the Website. You acknowledge that you use the Website at your own risk, and your sole remedy for any claim, loss, damage, cost, or expense is to discontinue use of the Website.
If Surge is found liable for any loss or damage arising from the use or functions of the Website, its total aggregate liability shall not exceed $[100.00] (CAD).
To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Surge’s discretion), and hold harmless Surge, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, costs, and expenses (including reasonable legal and advisory fees) arising from or related to:
The Website may contain links to other websites that are not maintained or affiliated with Surge. Surge is not responsible for content on Third Party websites and does not endorse or verify them. These links are for your convenience only and do not imply endorsement or verification of content or practices. It is your responsibility to review and comply with linked websites’ terms and take precautions to protect against harmful software or data, including using antivirus software. Linking to any other website is at your sole risk, and Surge assumes no liability for damages from such linking. Purchases and transactions you make occur on Third Party websites and are governed by those sites’ terms and privacy policies. Surge is not a party to those transactions.
You may not gather, extract, reproduce and/or display on any non-Surge website, any information or material on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without Surge’s consent.
To the extent permitted by applicable law, these Terms of Use and your use of the Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Website or these Terms of Use, unless otherwise agreed by Surge in its sole discretion.
All obligations that by their nature survive the termination or expiration of these Terms of Use and/or your access to and/or use of the Website will survive any termination or expiration hereof.
These Terms of Use, together with any rules, policies or guidelines posted on the Website by Surge or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and Surge with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by Surge.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. Every use of the words “including” or “includes” in these Terms of Use is to be construed as meaning “including, without limitation” or “includes, without limitation”, respectively.
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without Surge’s prior written consent, which consent may be withheld in Surge’s sole discretion.
Surge will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Surge. No delay or omission by Surge in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Surge to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
Surge appreciates any feedback and other suggestions you may have regarding the Website. In doing so, you consent to Surge’s use of such feedback or suggestions without any restrictions or obligation to compensate you for them, and acknowledge that Surge is under no obligation to keep them confidential.
If you would like to relay any feedback or have any questions about Surge and/or the Website, please direct them to:
Surge Foodservice
Email: [insert email address]
Last updated: Nov. 5, 2025