Last Updated: September 17, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, CHEFS AND RESTAURANTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. MANY CITIES REQUIRE A VALID FOOD SAFETY PERMIT, BUSINESS LICENSE, OR OTHER REGISTRATION BEFORE A KITCHEN MAY PREPARE AND SELL FOOD COMMERCIALLY, AND THESE REQUIREMENTS VARY BY LOCATION. CHEFS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A MENU ITEM ON PANDA ON WHEELS. BY AGREEING TO THESE TERMS, YOU HEREBY AGREE THAT YOU ARE RESPONSIBLE FOR OPERATING YOUR BUSINESS WITH THE PROPER CERTIFICATIONS, LICENSES, AND/OR PERMITS WITHIN YOUR CITY. OPERATING ON PANDA ON WHEELS WITHOUT BEING PROPERLY REGISTERED, PERMITTED, OR CERTIFIED TO PREPARE AND SELL FOOD MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION, AND REMOVAL FROM PANDA ON WHEELS.
Please also read our Privacy Policy, which explains how we collect, use, and share your information and governs your use of the Site and Services alongside these Terms.
Some parts of the Site let you invite colleagues or business contacts to Panda On Wheels, or share a Chef's menu with them, using a third-party contacts service (such as importing contacts via Google). If you choose to use this feature, you are allowing us to access and use the contact information you select through that integration solely to send the invitation or share the menu on your behalf.
Any contact information you share with us in this way is kept private and is not shared publicly on Panda On Wheels or sold to third parties. Any resulting communication to your contacts is sent on a 1:1 basis, on your behalf, and is not used by us for unrelated marketing purposes.
If you are using the Site or Services, you are contracting with Panda On Wheels with respect to your use of the Site and Services, and any payments or payouts from or to you conducted through the Site or Services. ("Panda On Wheels" is hereinafter referred to as "we", "us", or "our").
Panda On Wheels provides an online platform that connects Chefs and restaurants who have Menu Items to sell with corporate offices, businesses, and other Customers seeking to order catering (collectively, the "Services"), which Services are accessible at our website and any other websites through which we make the Services available (collectively, the "Site") and, if and when made available, as applications for mobile devices (the "Application"). By using the Site or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services, and all Collective Content (defined below), and constitute a binding legal agreement between you and Panda On Wheels. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS MAY LIST MENU ITEMS FOR CATERING ORDERS AND CUSTOMERS MAY LEARN ABOUT AND PLACE ORDERS DIRECTLY WITH THE CHEFS. YOU UNDERSTAND AND AGREE THAT PANDA ON WHEELS IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A CHEF AND A CUSTOMER. PANDA ON WHEELS HAS NO CONTROL OVER THE CONDUCT OF CHEFS, CUSTOMERS AND OTHER USERS OF THE SITE AND SERVICES, OR ANY MENU ITEM OR ORDER, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Panda On Wheels Content" means all Content that Panda On Wheels makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Order Acceptance Period" means the time period, starting when a Customer submits an Order, within which a Chef may confirm or decline that Order, as stated on the Site or as communicated at the time the Order is placed. A Chef may also enable automatic acceptance of Orders for a given Menu Item, in which case the Order is confirmed immediately upon submission.
"Collective Content" means Member Content and Panda On Wheels Content.
"Content" means text, graphics, images, menus, software (excluding the Application, if any), audio, video, information or other materials.
"Customer" means a Member who places an Order for a Menu Item from a Chef via the Site or Services, whether ordering individually or on behalf of a company, office or other organization.
"Chef" means a Member who lists Menu Items for sale via the Site or Services, whether operating as an individual chef, restaurant, or other food business.
"Menu Item" means an individual dish, package, or catering item (including group or bulk catering packages) that a Chef makes available for purchase via the Site or Services. "Menu Listing" means the Chef's profile page and associated menu on which Menu Items are listed.
"Order" means a request by a Customer to purchase one or more Menu Items from a Chef, whether placed directly or as part of a group order for a team or office.
"Member" means a person or business that completes Panda On Wheels' account registration process, including but not limited to Chefs and Customers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, or transmits in their Menu Listing or Member profile, or otherwise makes available through the Site or Services.
"Tax" or "Taxes" means any sales taxes, value-added taxes (VAT), goods and services taxes (GST/HST), or similar taxes and government-mandated fees that Chefs may be required by law to collect and remit to governmental agencies, and other similar municipal, provincial, state, federal and national taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted, or may require you to agree to additional terms and conditions. If there is a conflict between these Terms and terms posted for a specific area of the Site, Services, or Collective Content, the latter terms will take precedence with respect to your use of that area.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity to these Terms, and "you" and "your" will refer to that company or entity.
Panda On Wheels reserves the right, at its sole discretion, to modify the Site or Services, or to modify these Terms, including any Service Fees, at any time. If we modify these Terms, we will post the modification on the Site and update the "Last Updated" date above. By continuing to access or use the Site or Services after a modification has been posted, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older, and for businesses acting through authorized representatives who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older and, where you are acting on behalf of a company, that you are authorized to do so.
The Site and Services can be used to browse, list, and order food and catering packages ("Menu Items"). Menu Items are included in Menu Listings on the Site by Chefs. You may view Menu Listings as an unregistered visitor; however, if you wish to place an Order or create a Menu Listing, you must first register for a Panda On Wheels Account (defined below).
Panda On Wheels makes available a marketplace with related technology for Customers and Chefs to connect online and arrange Orders directly with each other. Panda On Wheels is not the preparer, owner or creator of any Menu Item, nor is it a direct provider of food. Unless explicitly specified otherwise, Panda On Wheels' responsibilities are limited to: (i) making the Site and Services available, and (ii) serving as the limited payment collection agent of each Chef for the purpose of collecting payments from Customers on behalf of the Chef. Panda On Wheels is not responsible for any liability associated with the preparation, purchase, or consumption of Menu Items.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO FACILITATE CHEFS AND CUSTOMERS CONNECTING AND TRANSACTING DIRECTLY WITH EACH OTHER. PANDA ON WHEELS CANNOT AND DOES NOT CONTROL THE CONTENT OF ANY MENU LISTING, OR THE QUALITY, SAFETY, OR LEGALITY OF ANY MENU ITEM. PANDA ON WHEELS DISCLAIMS ANY AND ALL LIABILITY RELATED TO MENU LISTINGS AND MENU ITEMS TO THE MAXIMUM EXTENT PERMITTED BY LAW. ACCORDINGLY, ANY ORDER IS PLACED AND ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site, and to place an Order or create a Menu Listing, you must register to create an account ("Panda On Wheels Account") and become a Member. You may not maintain more than one (1) active Panda On Wheels Account per person or business, except where reasonably necessary for legitimate multi-location or multi-brand operations. You agree to provide accurate, current and complete information during registration and to keep that information up to date. Panda On Wheels reserves the right to suspend or terminate your Account if any information you provide proves to be inaccurate, fraudulent, or incomplete. You are responsible for safeguarding your password and for all activity under your Account, whether or not authorized by you, and you will notify us immediately of any unauthorized use of your Account.
You may also be able to register or sign in using a third-party account (such as Google), or import contacts from a third-party service as described in the "Privacy & Contacts" section above. You represent that you are entitled to share such information with Panda On Wheels without violating the terms of that third-party service.
As a Chef, you may create Menu Listings. To create a Menu Listing, you will be asked to provide information about each Menu Item, including its description, pricing, minimum order amount, images, dietary and cuisine information, and availability. Menu Listings are made publicly available via the Site. Other Members will be able to place Orders based on the information in your Menu Listing. You agree that once a Customer submits an Order for your Menu Item at a given price, you may not request that the Customer pay a higher price for that Order.
You acknowledge and agree that you alone are responsible for all Menu Listings and Member Content you post. You represent and warrant that your Menu Listings and the Menu Items you offer (i) will not breach any agreement you have with a third party, and (ii) will comply with all applicable food safety, health, labeling and other laws, Tax requirements, and rules that apply to the preparation and sale of food (including holding all required permits, licenses and registrations). Panda On Wheels assumes no responsibility for a Chef's compliance with applicable laws, rules and regulations. Panda On Wheels reserves the right, at any time, to remove or disable access to any Menu Listing that it considers, in its sole discretion, to be objectionable, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are a Chef, you understand and agree that Panda On Wheels does not act as an insurer or as your contracting agent. If a Customer places an Order for your Menu Item, any agreement arising from that Order is between you and the Customer, and Panda On Wheels is not a party to it. Notwithstanding the foregoing, Panda On Wheels serves as the limited authorized payment collection agent of the Chef for the purpose of accepting, on behalf of the Chef, payments from Customers of the amounts stipulated by the Chef (including delivery fees and/or Taxes).
As a Chef, you may enable Auto Accept for a Menu Item, meaning Orders for that Menu Item are automatically confirmed without requiring your manual review. You are responsible for ensuring you can fulfill any Order that is automatically accepted in this way.
Panda On Wheels does not endorse any Member or any Menu Item. Members are required by these Terms to provide accurate information, and although Panda On Wheels may undertake additional checks intended to help verify the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. We recommend that you always exercise reasonable care and due diligence when deciding whether to order from a Chef or accept an Order from a Customer.
By using the Site or Services, you agree that any legal remedy you seek for the actions or omissions of other Members or third parties will be limited to a claim against the particular Member or third party who caused you harm, and you agree not to seek to impose liability on Panda On Wheels for such actions or omissions, except as expressly set out in these Terms.
Key definitions
"Menu Item Fees" means the amounts due and payable by a Customer for the Menu Items in an Order. The Chef alone, and not Panda On Wheels, is responsible for setting the Menu Item Fees for their Menu Listing, including any delivery fee or Tax the Chef determines applies.
"Service Fee" means the fee that Panda On Wheels charges a Chef for use of the Services, calculated as a percentage of the applicable Menu Item Fees and disclosed to the Chef before the Order is confirmed.
"Total Fees" means, collectively, the Menu Item Fees and the Service Fee, plus any applicable Taxes.
Order Acceptance
If you are a Chef and a Customer submits an Order for your Menu Item, you will be required to confirm or decline the Order within the Order Acceptance Period shown on the Site, unless Auto Accept is enabled for that Menu Item, in which case the Order is confirmed automatically. If you do not respond within the Order Acceptance Period, the Order request will expire and any amount collected will be released back to the Customer's payment method. When an Order is confirmed, Panda On Wheels will notify you by email or through the Site.
Panda On Wheels will collect the Total Fees at the time an Order is confirmed and will initiate payment of the Menu Item Fees (Total Fees less the Service Fee and any Taxes payable in respect of the Service Fee) to the Chef in accordance with the payout schedule described on the Site. Payments are processed through our third-party payment processor (currently Stripe). The time it takes for a Chef to receive a payout may depend on the payout method and any additional processing time or charges imposed by our payment processor.
If you owe or agree to pay any amount to Panda On Wheels, Panda On Wheels may (but is not obliged to) withhold that amount from any payout otherwise due to you as a Chef, and use it to offset the amount you owe. If your account is delinquent or subject to a chargeback, you may be charged reasonable fees incidental to our collection of the delinquent amount, and you agree that related communications may be sent to you by email or phone.
Panda On Wheels as Limited Payment Collection Agent
Each Chef appoints Panda On Wheels as the Chef's limited payment collection agent solely for the purpose of accepting Menu Item Fees from Customers. Payment made by a Customer through Panda On Wheels is treated the same as payment made directly to the Chef, and the Chef agrees to fulfill the Order as if the Chef had received the Menu Item Fees directly. Panda On Wheels' obligation to pay a Chef is conditional on successful receipt of the associated payment from the Customer; Panda On Wheels does not guarantee payment for amounts it has not successfully received. In accepting this limited appointment, Panda On Wheels assumes no liability for the acts or omissions of the Chef.
Panda On Wheels does not currently charge a fee for creating a Menu Listing, but reserves the right to introduce such a fee in the future, with notice provided via the Site before it takes effect.
Orders and Financial Terms for Customers
Chefs, not Panda On Wheels, are solely responsible for honoring confirmed Orders and preparing the Menu Items ordered. If you, as a Customer, place an Order, you agree to accept any terms, minimum order amounts, and restrictions associated with that Menu Item as set by the Chef. You acknowledge that Panda On Wheels is not a party to the resulting agreement between you and the Chef and, except for its own payment obligations under these Terms, disclaims all liability arising from that agreement. Panda On Wheels acts as the Chef's payment collection agent for the limited purpose of accepting payment from you on the Chef's behalf; once you pay the Total Fees to Panda On Wheels, your payment obligation to the Chef is satisfied.
The Total Fees payable will be displayed to you before you submit an Order. As noted above, the Chef must confirm or decline the Order within the Order Acceptance Period (or the Order may be automatically confirmed if Auto Accept is enabled); if the Order is declined or expires, any amount collected will be refunded to you.
In connection with your Order, you will be asked to provide customary billing information, such as name, billing address and payment card information, to Panda On Wheels or its third-party payment processor. You authorize us to charge your payment method for any confirmed Order made in connection with your Account, in accordance with these Terms. If you are directed to our third-party payment processor, you may be subject to that processor's own terms and privacy practices, which we encourage you to review.
Cancellation deadlines, and the amount (if any) refunded, vary by Order and will be shown to you on the Site before you place your Order. As a general rule, if a Customer cancels an Order before it has been confirmed by the Chef, any amount collected will be released back to the Customer within a commercially reasonable time. Cancellations made after an Order has been confirmed, or close to the scheduled delivery time, may not be eligible for a full refund, since the Chef may already have committed food, staff or ingredients to fulfilling the Order; the applicable cancellation terms for an Order will be shown to you at checkout.
If a Chef cancels a confirmed Order, Panda On Wheels will refund the Total Fees for that Order to the Customer within a commercially reasonable time. Panda On Wheels may, in its sole discretion, apply consequences to a Chef who cancels confirmed Orders, which may include a cancellation fee withheld from future payouts, particularly where the cancellation occurs close to the scheduled delivery time.
In certain circumstances (for example, extenuating circumstances outside a Member's control), Panda On Wheels may decide, in its sole discretion, that it is necessary to cancel a confirmed Order and to refund some or all of the amount paid by the Customer. You agree that Panda On Wheels and the relevant Chef or Customer will not have liability for such cancellations or refunds beyond what is described in these Terms.
Timely delivery matters, particularly for corporate catering with a scheduled event time. Unless a Chef and Customer have agreed otherwise for a specific Order, late fees are calculated from the end of the scheduled delivery window as follows, and are deducted from the amount otherwise payable to the Chef for that Order:
(i) if an Order is delivered 5–14 minutes late, the Chef will waive the greater of the delivery fee or 5% of the Order total;
(ii) if an Order is delivered 15–29 minutes late, the Chef will waive the greater of the delivery fee or 10% of the Order total;
(iii) if an Order is delivered 30–44 minutes late, the Chef will waive the delivery fee in its entirety and 20% of the Order total;
(iv) if an Order is delivered 45 minutes late or more, the Chef will waive the delivery fee in its entirety and 50% of the Order total, and the Customer may refuse the Order at no charge. If a Customer refuses an Order under this clause, the Chef remains responsible for paying Panda On Wheels the Service Fee associated with that Order.
As a Chef, you are solely responsible for determining your applicable Tax reporting and collection obligations, for including any applicable Taxes in your Menu Listing pricing, and for remitting collected Taxes to the relevant authority. Tax regulations may require us to collect appropriate tax information from Chefs, or to withhold amounts from payouts, or both; you agree to keep the information in your tax forms current, complete and accurate. If you fail to provide documentation we reasonably require, we may freeze payouts to you until the matter is resolved, or withhold amounts as required by law. Panda On Wheels does not offer tax advice to Members.
Panda On Wheels operates in Canada and the United States. Depending on a Chef's location, Orders may be priced and processed in Canadian or U.S. dollars. Amounts are processed through our third-party payment processor, which may apply its own currency conversion rate and fees where your payment method is denominated in a different currency; Panda On Wheels does not control and is not responsible for such third-party conversion rates or fees.
You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you agree that you will not:
• violate any local, provincial, state, federal, or other applicable law or regulation, or any order of a court, including zoning restrictions and Tax regulations;
• use manual or automated means, including bots, scripts or scrapers, to access, "scrape," "crawl" or "spider" the Site, Services or Collective Content, except as permitted by our robots.txt or with our prior written consent;
• access or use the Site, Services or any Panda On Wheels API to expose Panda On Wheels Content in a way that is inconsistent with our Privacy Policy or these Terms, or that violates the privacy or other rights of our Members or any third party;
• use the Site, Services or Collective Content for any commercial purpose not expressly permitted by these Terms;
• infringe the intellectual property, privacy, publicity or contractual rights of any person or entity;
• interfere with or damage the Site or Services, including through the use of viruses, malicious code, denial-of-service attacks, or similar means or technology;
• use the Site or Services to transmit unsolicited commercial email ("spam") or advertisements unrelated to catering;
• harass or "stalk" any other Member, or collect or store personal information about another Member other than for the purpose of transacting as a Panda On Wheels Customer or Chef;
• as a Chef, list a Menu Item you do not have the right to sell, or list false or misleading pricing information, or list a price you do not intend to honor;
• register more than one Panda On Wheels Account other than as reasonably necessary for legitimate multi-location or multi-brand operations, or register an Account on behalf of a person other than yourself without authorization;
• contact a Chef or Customer for any purpose other than a question related to an Order, a Menu Item, or a Menu Listing;
• recruit or solicit any Chef or other Member to join a service that competes with Panda On Wheels, without our prior written approval;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• use the Site, Services or Collective Content to locate a Chef or Customer and then complete an Order independently of the Site, in order to avoid paying any Service Fee;
• attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Site or Services; or
• encourage or assist any third party in doing any of the foregoing.
Panda On Wheels has the right to investigate and, where appropriate, pursue legal action for violations of the above. Panda On Wheels may access, preserve and disclose your information if required to do so by law, or if we believe in good faith it is reasonably necessary to respond to legal process, enforce these Terms, prevent fraud, or protect the rights, property or safety of Panda On Wheels, our Members, or the public.
You agree that our Privacy Policy (as may be updated from time to time) governs Panda On Wheels' collection and use of your personal information.
The Site, Services, and Panda On Wheels Content are protected by copyright, trademark, and other applicable laws. You acknowledge that the Site, Services, and Panda On Wheels Content, including all associated intellectual property rights, are the exclusive property of Panda On Wheels and its licensors. You will not remove, alter or obscure any copyright, trademark, or other proprietary notice incorporated in or accompanying the Site, Services, or Panda On Wheels Content.
We may, in our discretion, permit you to post Member Content (such as a Menu Listing, images, or reviews). By making Member Content available through the Site or Services, you grant Panda On Wheels a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, adapt, distribute, publicly display and otherwise exploit that Member Content in connection with operating, providing and promoting the Site and Services. We do not claim ownership of your Member Content.
You are solely responsible for all Member Content you make available. You represent and warrant that you own or have the necessary rights to the Member Content you post, and that it does not infringe any third party's intellectual property, privacy or other rights, and does not violate any applicable law.
We welcome feedback, comments and suggestions for improving the Site and Services ("Feedback"). You agree that any Feedback you give us may be used by Panda On Wheels without restriction or compensation to you.
We may, in our discretion and without liability to you, limit, suspend, deactivate or cancel your Account at any time, with or without cause. If we do so, any pending Orders may be cancelled, we may notify the other party to a pending Order that it has been cancelled, and we may refund a Customer for a cancelled Order irrespective of an otherwise-applicable cancellation policy. You may cancel your Account at any time via your account settings or by contacting us. If your Account is cancelled, we are not obligated to delete or return any Content you have posted, except as required by our Privacy Policy or applicable law.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PANDA ON WHEELS DOES NOT WARRANT THAT THE SITE, SERVICES, OR ANY MENU LISTING OR MENU ITEM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR MAKE ANY WARRANTY AS TO THE QUALITY, SAFETY, OR ACCURACY OF ANY MENU ITEM, MENU LISTING, OR OTHER COLLECTIVE CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS. PANDA ON WHEELS DOES NOT VERIFY THE STATEMENTS OF MEMBERS OR INSPECT ANY MENU ITEM, AND MAKES NO REPRESENTATION AS TO THE CONDUCT OF ANY MEMBER. NOTWITHSTANDING PANDA ON WHEELS' APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF CHEFS, PANDA ON WHEELS DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PANDA ON WHEELS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PANDA ON WHEELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT FOR OUR OBLIGATION TO PAY AMOUNTS DUE TO CHEFS UNDER THESE TERMS, IN NO EVENT WILL PANDA ON WHEELS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO PANDA ON WHEELS AS A CUSTOMER, OR THE AMOUNTS PANDA ON WHEELS HAS PAID TO YOU AS A CHEF, AS APPLICABLE, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Panda On Wheels and its affiliates, officers, directors, employees and agents harmless from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with (a) your access to or use of the Site, Services or Collective Content, or your violation of these Terms; (b) your Member Content; (c) your interaction with any Member, your placement of an Order, or your creation of a Menu Listing; and (d) the preparation, condition, or consumption of a Menu Item you provided or ordered, including any injury, loss or damage arising from it.
The Site may contain links to third-party websites or resources, and may use third-party services such as Google Maps to help display locations and delivery areas. Panda On Wheels is not responsible for the availability, accuracy, or content of any third-party website or resource, and your use of such services is governed by that third party's own terms.
If you believe another Member has acted inappropriately, engaged in fraud, harassment, or otherwise violated these Terms, please report it to us by contacting Panda On Wheels using the details in the "Contact Us" section below. If the conduct may involve a crime, we also encourage you to report it to the appropriate local authorities. Submitting a report does not obligate us to take any particular action beyond what is required by law.
These Terms constitute the entire agreement between Panda On Wheels and you regarding the Site, Services, and Collective Content, and supersede any prior understanding on that subject. You may not assign these Terms without our prior written consent; we may assign these Terms at our discretion. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be a waiver of that right or provision.
Any notice permitted or required under these Terms, including notice of a modification, will be given by Panda On Wheels by email to the address you provide, or by posting to the Site. For email notices, the date of receipt is deemed to be the date the notice is sent.
These Terms and your use of the Site and Services are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-law principles. If a dispute arises, we encourage you to contact us first so we can try to resolve it informally. If we are unable to resolve a dispute informally, you and Panda On Wheels agree that it will be submitted to the exclusive jurisdiction of the courts located in Toronto, Ontario, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
These Terms do not confer any rights or remedies on any person other than the parties, except that payment card networks and our payment processor are third-party beneficiaries of these Terms for the purpose of enforcing provisions related to payments.
If you have any questions about these Terms, please contact us at [email protected].