Terms of Service

Last updated: November 2026

1. Who We Are and How These Terms Work

These Terms and Conditions (“Terms” or “Agreement”) form a legally binding contract between you (the “Client”, “you”, “your”) and Megalium Creative Enterprise Corp., operating as The Place and The Place Toronto (the “Company”, “we”, “us”, “our”), with its registered address at 505 Hood Rd, Unit 10, Markham, Ontario L3R 5V6, Canada · +1 (888) 356-9099 · Contact@ThePlaceToronto.com.
These Terms apply to your use of our website and to every order you place with us for cakes, desserts, gift cards, add-ons and related services (“Products” or “Services”), whether placed online, by phone, by email or in person.
How you accept these Terms. A notice next to the Checkout button in the cart links to these Terms and our Delivery & Refund Policy. By proceeding to checkout and placing an order, or by placing an order in any other way, you confirm that you have read, understood and agree to these Terms. If you do not agree, please do not place an order.
Policies that form part of these Terms. Our Return & Refund Policy, Delivery & Pickup Policy, Privacy Policy and the allergen, storage and product information on our website are incorporated into these Terms by reference.
Order of priority. If documents conflict, the following applies in this order: (a) a written quote or written confirmation we send for a specific custom, event or business order; (b) the information shown on the product page and in the cart at the time you order; (c) these Terms; (d) the policies listed above. Where these Terms describe a matter in more detail than a policy (for example, Handover and claims in Section 7), these Terms apply.
Which version applies. The version of these Terms published on our website at the time you place an order is the version that applies to that order.
Eligibility. You must be at least 18 years old, or the age of majority where you live, to place an order. If you order on behalf of a company or another person, you confirm you are authorized to accept these Terms for them, and you remain responsible for the order.

2. Products, Pricing, and Payment

We offer freshly made cakes and desserts, prepared either directly by us or by carefully selected third-party vendors, at our sole discretion.
Prices. All prices are in Canadian dollars. Applicable taxes (including HST), delivery fees, add-on fees and any temporary fuel surcharge are shown in the cart or at checkout before you pay. Prices, fees and surcharges may change at any time, but the total shown at checkout is the total you pay for that order.
Pricing and listing errors. If a product is listed with an obvious error in price, description or availability, we may cancel the affected order and refund the amount paid in full, or contact you to confirm the correct price before we proceed.
Payment. Payment in full is due at the time of order unless we agree otherwise in writing. We accept only the payment methods shown at checkout. Payments are processed by third-party payment providers; we do not store your full card details.
Our right to refuse service. We may decline any order, in whole or in part, before it is confirmed, including where a product is unavailable or a request cannot be made safely or well.

3. Fraud Prevention and Payment Disputes

Authorized payment only. You confirm that you are the holder of the payment method you use, or that you have the holder’s permission to use it for your order. You are responsible for every order placed with your payment method, account or contact details.
Order review and verification. To protect our customers and our business, we and our payment providers screen orders. We may hold any order for review and ask you to verify it, for example by confirming your name, billing details, phone number or order details, or by showing photo ID and the payment card at pickup. Production and delivery do not start until the review is completed.
Orders we may cancel. We may cancel an order at any time before Handover, without liability other than refunding the amount paid to the original payment method, if: (a) the order appears fraudulent, unauthorized or high-risk; (b) you do not respond to a verification request in time for the order to be made and delivered on the chosen date; (c) the billing, delivery or contact details appear false or do not match; or (d) the order is linked to a previous chargeback, unpaid amount, abuse of promotions or breach of these Terms.
Pickup by the right person. At pickup we may ask for the order number and the name on the order, and we may decline to release an order to anyone who cannot provide them. We are not responsible for an order collected by a person who provides the correct order details.
Contact us before disputing a charge. If you have a concern about a charge, please contact us first with your order number. Most issues can be resolved quickly and directly.
Chargebacks. If a payment dispute or chargeback is filed for an order that was delivered, picked up or cancelled in accordance with these Terms, we will contest it. You authorize us to provide the payment provider with the records relevant to the order, including the order details, your acceptance of these Terms at checkout, IP address and device information, delivery confirmation photos with their time stamps and location data, pickup signatures, and our communications with you.
Effect of a chargeback. Once a chargeback is filed for an order, any review, offer of credit or remedy we are discussing for that order ends, and the dispute is decided through the payment provider. If the dispute is decided in our favour, or is withdrawn, the amount of the order remains payable. We may decline future orders from any customer, account, payment method or address connected to a chargeback that was decided in our favour or withdrawn, or to fraud.
Recovery of costs. To the extent permitted by law, if a chargeback is filed without a valid basis, you are responsible for the amount of the order and for any dispute fee charged to us by the payment provider.
Reporting. We may report suspected fraud or misuse of a payment method to the payment provider, the card issuer or law enforcement, and share the relevant order information with them.
Nothing in this Section limits any right you have under applicable consumer protection law, including any statutory right to request a credit card charge reversal.

4. Ordering, Changes, Cancellations, and Refunds

4.1 Order Confirmation and Processing

Orders are placed online and are not binding until confirmed by the Company. An order confirmation email confirms that we have received and accepted your order.
All products are made to order. Lead times vary; refer to each product page for specifics.
Same-day orders must be placed by 2:30 PM ET for delivery or 4:00 PM ET for pickup. There is no same-day service on Sundays. The dates, time windows and applicable fees (including for weekends and holidays) are those shown in the cart at the time of ordering.
Same-day or next-day options are limited to select products/categories.
Please review your order, date, time window, address and recipient details carefully before you pay. You are responsible for the accuracy of the information you enter.

4.2 Changes and Cancellations by You

Standard Products: Changes/cancellations must be requested in writing at least 3 business days prior to the scheduled pickup or delivery date.
Express Products (same-day or next-day): Express products are made to order. Production begins as soon as the order is placed, and the delivery or pickup slot is reserved at the same time. Express orders are therefore non-cancellable once placed.
Custom, Event, or Fondant Cakes: Changes/cancellations must be requested in writing at least 15 days in advance. Orders for custom or event cakes are non-cancellable and non-refundable after confirmation.
If a cancellation is approved, only store credit will be issued. Refunds to the original payment method, if approved at our discretion, are subject to a processing fee of 8% to 12%, depending on the card issuer and card type. This fee applies only to refunds that do not arise from an error on the Company's part, and it solely passes through the non-refundable transaction fees charged by the payment processor; the Company does not charge any restocking, handling, or cancellation fee of its own.
No order changes, delivery address modifications, or cancellations will be accepted after production or order processing has commenced.

4.3 Cancellation or Changes by Us

When we may cancel. We may cancel or decline a confirmed order, in whole or in part, before Handover if: (a) a product, ingredient, decoration or delivery capacity becomes unavailable; (b) an event described in Section 16 affects production or delivery; (c) the order contains a pricing, listing or system error (Section 15); (d) the delivery address is outside our service area or cannot be reached safely; (e) we cannot reach you to confirm information needed to make or deliver the order; (f) a design or message request falls under Section 10; or (g) the order falls under Section 3 or Section 5.
Minor changes. If an ingredient, decoration, topper, colour or packaging item is unavailable, we may replace it with one of similar style, quality and value without cancelling the order. If the change would materially alter the product, or add a common allergen, we will contact you first.
How we tell you. We will contact you using the email address or phone number provided with the order as soon as reasonably possible. It is your responsibility to provide contact details that you check.
Your remedy. If we cancel for a reason that is not caused by you, we will offer a new date, a similar product, store credit, or a full refund to the original payment method, at your choice. If we cancel under Section 3 or Section 5, we will refund the amount paid to the original payment method. In either case, this refund or alternative is our entire responsibility for the cancelled order or item, and we are not responsible for the cost of any event, venue, travel, replacement purchase or other arrangement.

4.4 Final Sale, Return, and Refunds

All sales are final and non-refundable once order processing has started, except as otherwise required by law.
No returns or exchanges will be accepted except in cases of Company-confirmed delivery errors or receipt of incorrect items. In such cases, you must promptly return the item in its original, unused condition for eligibility for replacement or store credit.
The Company does not provide refunds, returns, or exchanges based on personal taste, decoration or color variation, or any differences resulting from display or storage conditions.
Product images are illustrative examples only. Images published on our website, social media, or any other channel are provided to show the style, decorative elements, and structure of a product. They are not a specification, a template, or a reproduction of the item to be delivered. All products are handmade and hand-decorated, and the finished product will be materially similar to, but not identical to, any image, including in decoration detail, placement of elements, shade, and overall finish. A difference in appearance from an image does not constitute a defect or a quality issue, and is not grounds for a refund, return, replacement, exchange, or any other claim.
No refund or exchange will be provided for refused delivery.
The Company has sole and exclusive discretion to determine eligibility for refunds, returns, or exchanges, subject to applicable law.

5. Promotions, Discount Codes, Rewards, and Gift Cards

Terms of each offer. Discount codes, welcome offers, referral rewards, free gifts and other promotions apply only as described in their offer. Unless the offer says otherwise, they have no cash value, cannot be exchanged for cash or credit, cannot be combined with other offers, apply only to eligible products, and cannot be applied to orders already placed. Free gifts are available while supplies last.
One per customer. Unless the offer says otherwise, offers marked for new customers, or for one use, are limited to one use per person, household, delivery address, payment method, phone number and device. Personal codes sent to you are for your use only and may not be shared, published, sold or transferred.
Misuse of promotions. Misuse includes: creating or using multiple accounts or email addresses to claim an offer more than once; using false names or details; referring yourself; using automated tools to obtain or try codes; posting or selling codes that were not issued for public use; and any other attempt to obtain a benefit the offer was not intended to give.
What we may do. If we reasonably believe an offer has been misused, or was applied in error, we may, before Handover: remove the discount and ask you to pay the difference before the order is made; cancel the order and refund the amount paid; and cancel unused codes, reward points or credits obtained through the misuse. We may also suspend the related account and decline future orders connected to it.
Changes to promotions. We may change, pause or end a promotion at any time, and may withdraw a code that was issued or published in error. This does not affect orders already confirmed at the promoted price, except under paragraph 4 above or Section 15.
Refunds on discounted orders. If a discounted order is refunded in whole or in part, the refund is based on the amount actually paid, not the regular price. A discount code used on a refunded or cancelled order is not reissued unless we decide otherwise.
No price adjustments. We do not adjust the price of a confirmed order if the product is later offered at a lower price or with a promotion.
Rewards. Reward points or loyalty benefits have no cash value, cannot be transferred, and are subject to the program terms shown in your account or on our website.
Gift cards. E-gift cards never expire and carry no fees. Their terms of use, cancellation and refund are set out in Section 7 of our Return & Refund Policy. We are not responsible for a gift card that is lost, stolen, or used by another person after it has been delivered to the email address you provided.

6. Delivery & Pickup

6.1 Delivery

Service area and windows. Delivery is available only within defined service areas, as published on our website. Delivery windows vary by area; the window shown in the cart for the delivery address applies. Specific delivery times within that window cannot be guaranteed, and requests for a specific time are not accepted unless confirmed in writing.
Who delivers. Deliveries may be carried out by our staff or by independent third-party courier partners acting on our behalf. You agree that we may share the recipient’s name, address, phone number and delivery instructions with them for this purpose.
Accurate details. The Client is responsible for providing complete and accurate delivery information, including unit number, buzzer code, a reachable phone number and any building access instructions. The Company will not be liable for delay, misdelivery, non-delivery, or loss due to incomplete or incorrect addresses or contact details.
Be reachable. The recipient must be available at the address and reachable by phone throughout the delivery window. The driver may call or text on arrival and will wait only a reasonable time before treating the delivery as a failed attempt.
One attempt. Only one delivery attempt will be made. If the recipient is unavailable, the order will be returned to the store for pickup within 24 hours; no second attempt will be made and no refund provided. Delivery fees are not refunded for a failed or refused delivery. If we agree to a second delivery, a new delivery fee applies.
First accessible entrance. Standard delivery is made to the first accessible entrance of the delivery address. Delivery personnel will not go upstairs or enter any building beyond that entrance unless door-to-door delivery has been added to the order.
For apartment, condo and office buildings, standard delivery is made to the building’s first accessible entrance or lobby. Optional door-to-door delivery to the unit or suite may be added in the cart for a fee.
For shopping malls, plazas and shopping centres, delivery is made to the first accessible entrance only. Delivery personnel will not enter the mall, and door-to-door delivery is not available for these addresses.
Delivery to commercial locations (e.g., offices, restaurants, hotels) is available only if someone is present to receive the order in person; unattended drop-off is not available at commercial addresses. Delivery to P.O. Boxes or FPO addresses is not available.
Delivery does not include setup. Delivery personnel hand over the boxed order only. They do not carry it to a table, stage or room, unbox, assemble, stack, arrange or set up any product, or move it within a venue.
Events and venues. If you send an order to an event, restaurant, hotel or venue, the person or staff who accept it receive it on your behalf. We are not responsible for how the venue stores, handles, moves or serves it after Handover.
Leaving an order. If you or the recipient ask us to leave an order with a concierge, security desk, front desk, neighbour or other person, or at a door or lobby, you accept that we have no control over the order after it is left, and Handover takes place when it is left, as shown by the delivery confirmation photo.
Safe access. Building rules, security desks, parking restrictions, weather and road conditions are outside our control. Drivers will not park illegally, enter an unsafe area, or continue where conditions are unsafe. If access is refused or delayed by the building, or the delivery cannot be completed safely, the delivery is treated as completed at the first accessible entrance or, where no one is available to receive it, as a failed attempt.
Severe weather. If severe weather or road conditions make delivery unsafe, we may move the delivery to a later window or date, or offer pickup, and Section 16 applies.
Gift deliveries. If you send an order to someone else, you are responsible for making sure the recipient is available, can receive it, and knows to refrigerate it right away. A recipient’s refusal or absence is treated as a refused or failed delivery, and the recipient’s acceptance of the order is a Handover to you.
Orders and recipient information cannot be changed after order processing has started.
Delivery photos. The driver photographs every order at delivery, including the box, the door or entrance, and, where someone receives it, the hand of the person receiving it, as a record of Handover. We keep these photos on file.
Delivery times are estimates. Delays caused by traffic, weather, building access or other factors outside our control, including delays of up to 60 minutes, are within the normal delivery range and do not qualify for compensation.

6.2 Worry-Free Delivery Guarantee

The Client is responsible for ensuring someone is present to accept delivery during the stated window.
Every cake box has a window, so the order can be checked without opening it. If the order is handed to the recipient, it must be checked through the box window at the time of delivery. A damaged order may be refused by handing it back to the driver with the box unopened; once the order is accepted, no claim for transit damage will be considered. If the order is left at a door, lobby, concierge or front desk, damage must be reported to the Company by email or through the claim form on our Worry-Free Delivery page within 2 hours of the time shown on the delivery confirmation photo, with the box unopened. Other issues, such as a wrong item or add-on, must be reported within 2 hours of delivery. No claims will be considered after this period. This 2-hour period is a notice period only, as explained in Section 7.
Compensation schedule. For approved claims, the Company provides the following. Unless stated otherwise, compensation is store credit, and a percentage means a share of the amount paid for the affected cake.
- Damaged order handed back to the driver at delivery: the Client may choose one of the following: a replacement delivered, full store credit, or a refund.
- Damage to an order left as described in Section 6.1 (reported within 2 hours, box unopened): cake collapsed — 100%; front damaged (the side with the face or main design) — 100%; one side damaged — 50%; back damaged — 30%; a whole patch of cream rubbed off one side with the cake’s shape intact — 20%. Where more than one side is damaged, only the highest share applies; shares are not added together.
- Normal in transit, not damage (no compensation): cream lightly touching the box wall or edge with only a light scuff on the cake; the extra buffer cream piped on top touching the lid with the design intact.
- Wrong cake: the Company remakes the correct cake and delivers it again at no charge, on the same day where possible. If same-day delivery is not possible, full store credit is issued. The cake received must be kept unopened and returned to the Company.
- Delivered to the wrong address by our driver: if the cake is still sealed and undamaged, the Company collects it and delivers it to the correct address. If it was taken or opened, the Client may choose one of the following: a new delivery date, a different cake, or store credit.
- Late delivery: if the order arrives more than 60 minutes after the end of the delivery window, store credit equal to the standard delivery fee for the delivery area. Delays of up to 60 minutes are within the normal delivery range.
- Add-on missing or wrong (for example, writing, candles or a card): store credit for that add-on. An add-on issue does not qualify the main cake for a refund, return or exchange.
If the box has been opened, the condition of the order at delivery cannot be confirmed and the claim may be declined. A product that is not damaged cannot be handed back to the driver. The same schedule, with illustrations, is shown on our Worry-Free Delivery page.

6.3 Pickup

Pickup is available at designated locations and times. Selected time slots are for reference only and do not guarantee readiness prior to that time. Clients should wait for the “Ready for Pickup” email before arriving.
Please check your order at the counter before you sign for it and leave the store. Once you or the person collecting it has signed for the order, Handover has taken place and the order, including its transport, is your responsibility.
Walk-in purchases are accepted, but product availability is not guaranteed without an advance online order.
Orders not picked up on the pickup date. If a pickup order is not collected on its scheduled pickup date, we will hold it until the end of our pickup hours on the next day our store is open. If it is still not collected by then, it will be discarded for food safety reasons. No refund, store credit, replacement or other compensation is provided for an order that is not collected. A held order is kept refrigerated, but because it was freshly made for the original date, we cannot guarantee the same freshness, texture or appearance on the following day, and this is not grounds for a claim.
Any reminder we send on the pickup date is a courtesy only. Not receiving or not seeing a reminder or the “Ready for Pickup” email does not extend the holding period or change these terms.
Undelivered orders. Orders returned to the store after a failed or refused delivery must be collected within 24 hours, or they will be discarded for food safety reasons without refund, store credit or other compensation.

7. Handover, Risk, and Claims

What “Handover” means. Handover is the moment the order passes into your care. It is: (a) for pickup, the time you or the person collecting the order signs for it at the store; (b) for delivery, the time the order is handed to the recipient or to the person accepting it on their behalf, or, where the order is left as described in Section 6.1, the time it is left. For delivery, the time stamp and image of the delivery confirmation photo taken by our driver or courier are the record of the time and condition of Handover.
Risk passes at Handover. From Handover, all risk of loss, damage and deterioration of the order passes to you, and you are responsible for transporting, storing, handling and serving it.
Inspect at Handover. Please inspect the order at Handover. If the order is damaged or incorrect at Handover: for pickup, raise it with our staff at the counter before you sign for the order and leave the store; for delivery handed to a person, check it through the box window and refuse a damaged order by handing it back to the driver, because accepting the order ends any claim for transit damage; for delivery left as described in Section 6.1, or for other errors such as a wrong item, contact us by email or the claim form at the latest within two (2) hours after Handover with your order number, keep the box unopened, and provide clear photos of the product and its packaging when we ask. Because our products are perishable, a claim reported after this period cannot be verified and, to the extent permitted by law, you waive any right to reject the product or to claim a refund, replacement or credit for it.
The 2-hour period is a notice period, not a guarantee period. The 2-hour period applies to delivery orders only; pickup orders have no 2-hour period, and any issue must be raised at the counter before you sign. For delivery orders, the 2-hour period only gives you time to tell us about damage or errors that already existed at Handover. It does not mean we are responsible for anything that happens to the order during the 2 hours, or at any time, after Handover.
What is not covered. Our products are perishable and fragile. We are not responsible for damage, melting, shifting or deterioration that happens after Handover, including from: dropping, tilting, shaking or squeezing the box; carrying it on a seat, lap or uneven surface; sudden braking or turns while driving; leaving it in a vehicle, in sun, outdoors or in a warm room; not refrigerating it right away; stacking items on it; opening and closing the box repeatedly; or handling by the recipient, guests, venue staff or anyone else.
How we assess a claim. We assess claims using the delivery confirmation photo and its time stamp, the pickup signature, photos taken in our kitchen before dispatch, your photos, and our communications with you. Where the delivery confirmation photo shows the order in good condition at Handover, a claim for damage is treated as damage that happened after Handover. To the extent permitted by law, these records are conclusive evidence of the time and condition of Handover.
Remedies. For a damaged order handed back to the driver at the time of delivery, you may choose a replacement delivered, full store credit or a refund. For other approved claims, remedies are limited, at the Company's discretion, to exchange or store credit based on the extent of the damage, as set out in Section 6.2. A product that is not damaged cannot be handed back to the driver. A remedy will not be more than the amount paid for the affected item.
Partial use. If a product has been cut, served or eaten, in whole or in part, we may consider a claim only for a problem that existed at Handover and was reported within the time allowed in paragraph 3 above.

8. Storage, Handling, Serving, and Safety

8.1 Storage and Transport

Our cakes are perishable and made with fresh dairy cream. Refrigerate your cake immediately after Handover and follow the storage and serving instructions on the product page and packaging, including any “best enjoyed by” time shown there.
Fresh cream cakes are not suitable for display at room temperature for long periods, in direct sun, in a warm vehicle, near a heat source, or outdoors.
When transporting a cake, keep the box flat and level, carry it from the bottom with both hands, place it on a flat surface such as the floor of the vehicle (not on a seat or a lap), keep the vehicle cool, drive gently, and never leave it in a parked vehicle.
Do not stack anything on top of the box, and keep the cake away from pets.
Once a product has been delivered or picked up, the Company is not responsible for changes in quality, shape, texture or appearance caused by storage, transport, handling, display or serving conditions after Handover.

8.2 Non-Edible Items and Small Parts

Our cakes may contain or come with items that are not edible, including toppers, picks, plaques, cards, ribbons, wires, skewers, toothpicks, straws, dowels and other internal supports, cake boards, figurines, decorations with internal structures, candles, and fresh or artificial flowers and greenery. These items are for display or support only.
Remove all non-edible items before cutting and serving. Check each slice before serving it, as internal supports and wires may not be visible from the outside.
Fresh flowers and greenery are decorative only and may not be food-safe. Do not eat them, and remove them before serving.
Some decorations are small, hard or round, such as sprinkles, pearls, candies, chocolate pieces, nuts and fondant figures, and may present a choking hazard for young children. Adults should cut and serve the cake, remove small decorations from portions served to young children, and supervise young children while they eat.
Keep non-edible items, small parts and packaging away from young children and pets, and dispose of them safely.

8.3 Candles, Sparklers, and Knives

Candles, number candles, sparklers and similar items, whether supplied by us or by you, are used at your own risk. Follow the manufacturer’s instructions on the packaging.
Light candles only under adult supervision, on a stable surface, away from hair, clothing, paper decorations, curtains, balloons and other flammable materials. Never leave lit candles unattended, do not let children light or handle them, and extinguish them fully before cutting the cake.
Sparklers and fountain candles produce sparks and heat; use them only where permitted by the venue and in a well-ventilated area, and keep them away from people’s faces and from smoke detectors.
Cake knives and servers must be handled by adults.

8.4 Your Responsibility

From Handover, you are responsible for the safe storage, handling and serving of the order, and for sharing the information in this Section and in Section 9 with the recipient and with anyone who will handle, serve or eat the products.
To the fullest extent permitted by applicable law, the Company is not liable for any injury, damage or loss arising from failure to follow this Section, from non-edible items, small parts, candles or sparklers, or from storage, handling or serving after Handover.

9. Allergens, Ingredients, and Product Information

9.1 Allergens and Ingredients

All products are prepared in facilities where common allergens (including but not limited to nuts, gluten, dairy, soy, eggs) are present. The Company cannot guarantee the absence of allergens or cross-contamination.
The Client is solely responsible for informing the Company of any allergies or dietary restrictions at the time of order. To the fullest extent permitted by applicable law, the Company disclaims all liability for any allergic reactions, sensitivities, or adverse outcomes arising from consumption of its products.
Procedure for allergen and ingredient requests. Any request relating to an allergen or to a specific ingredient must be entered by the Client in the order note field on the cart page before checkout, and must then be confirmed with the Company by telephone at +1 (888) 356-9099 or by email at Contact@ThePlaceToronto.com, quoting the order number. The Client may also contact the Company to discuss such a request before placing an order.
No accommodation without written confirmation. An allergen-related or ingredient-related request, including any request to omit, substitute, or separate an ingredient, is not accepted by the Company and does not form part of this Agreement unless and until the Company has expressly confirmed that request in writing (including by email) with reference to the specific order number. An order note, cart note, message sent through any channel, verbal discussion, telephone call, or the issuance of an order confirmation does not, by itself, constitute such written confirmation.
Unconfirmed orders are fulfilled to the standard specification. Where the Company has not issued written confirmation of a request, the Company will prepare and fulfil the order in accordance with the standard recipe and specifications of the Product as ordered, and the Client accepts the Product on that basis. The fact that such a request was not accommodated, in whole or in part, does not constitute a defect, error, or quality issue, and, to the fullest extent permitted by applicable law, does not entitle the Client to a refund, credit, replacement, remake, or any other remedy.
Scope of written confirmation. Any written confirmation is limited to the specific change expressly described in it. All Products are prepared using shared equipment; the omission or substitution of an ingredient does not make a Product free of that allergen, and the Company makes no representation that any Product is free of any allergen.
Requests must be made before production. Once an order has entered production, the Company cannot re-verify, alter, or remake it in response to a new or changed allergen-related or ingredient-related request, and no refund or credit will be provided on that basis.
Products for others. Where a Product is purchased for another person, a group, an event, or as a gift, the Client is responsible for communicating the information in this Section to every person who will receive or consume the Product, including delivery recipients.
Ingredient changes. Recipes and suppliers may change from time to time. If an ingredient becomes unavailable, we may use a comparable ingredient of similar quality; if the change would add a common allergen to your order, we will contact you first.

9.2 Product Information Is Not Advice

General information only. All information we provide about our products, on our website, product pages, labels, packaging, social media, emails, blog articles and guides, and in conversations with our staff, is general product information only. This includes descriptions such as “0 Sugar Added”, “Keto”, “Flourless”, “no grains” and similar terms, ingredient lists, sweetener information, and any nutrition or carbohydrate figures.
What these descriptions mean. These descriptions describe how a product is made and what goes into it. They are not a statement that a product is suitable for any particular person, diet or need, and they are not a promise of any result from eating it.
Not medical, nutritional or professional advice. Nothing we publish or say is, or should be relied on as, medical, nutritional, dietary or other professional advice, and no such relationship is created between you and the Company or any of its staff. Our staff are not able to advise whether a product is suitable for you.
Your decision. You are solely responsible for deciding whether a product is suitable for you and for anyone you serve it to. If you have any question about whether a product fits your personal needs, consult a qualified professional before ordering or eating it.
Approximate values. Our products are handmade, and natural ingredients vary. Any nutrition, carbohydrate, weight, size or serving figures are approximate estimates, and actual values may differ.
Reviews and third-party content. Customer reviews, comments, social media posts and other content created by third parties reflect their personal opinions and experiences. We do not verify them, and they are not statements by the Company.
No liability for reliance. To the fullest extent permitted by applicable law, the Company is not liable for any loss, injury or outcome arising from reliance on product descriptions or information, or from your decision to buy, serve or eat any product.

10. Custom Designs and Content You Provide

Your content. When you give us text, names, images, logos, artwork, characters or other material to put on or with a product (“Your Content”), you confirm that you own it or have permission to use it, and that it does not infringe anyone’s copyright, trademark, privacy or other rights.
You are responsible for Your Content, including the spelling and wording of any message. We reproduce messages as entered in your order.
We may decline or modify, before production, any request that we consider offensive, unlawful, infringing, unsafe, or beyond what we can make well. If we decline a request for these reasons, we will contact you to change it or cancel the affected item with a refund.
Designs inspired by characters, brands or themes are artistic interpretations and are not licensed or endorsed by the owners of those characters or brands.
Colours, decorations and finishes are made by hand and may vary from any reference image, colour code or sample you provide.
You agree to indemnify the Company against any claim by a third party that Your Content infringes their rights.

11. Photos, Reviews, and Our Content

We may photograph or film the products we make, before they leave our kitchen, and use those images to show our work. We do not publish your name, address or personal details without your permission. If you prefer that a custom design not be shared, tell us in your order note.
If you send us, post, tag or review content about our products, you allow us to display and share it, with credit where appropriate, on our website and social media. You can ask us to remove it at any time.
Reviews must be honest and about your own experience. We may remove reviews that are unlawful, abusive, contain personal information, or are unrelated to our products.
Our intellectual property. The names “The Place” and “The Place Toronto”, our logos, the Creamie character, product photos, illustrations, videos, recipes and website text belong to the Company or its licensors. You may not copy, reproduce, modify or use them for commercial purposes without our written permission.

12. Online Ordering, Account Security, and Website Use

The Client is responsible for providing accurate, complete, and up-to-date information when placing any order or creating any account.
The Company is not liable for orders lost or delayed due to inaccurate or incomplete information provided by the Client.
The Client is solely responsible for maintaining the confidentiality of their account and for all activities under their account.
You agree not to misuse our website, including by placing fraudulent orders, using automated tools to scrape or overload it, attempting to access accounts or systems that are not yours, or interfering with its operation.
We try to keep our website accurate and available, but it is provided “as is” and “as available”. We do not guarantee that it will be uninterrupted or error-free. Links to third-party websites are provided for convenience; we are not responsible for their content.

13. Communications, Records, and Privacy

By placing an order, you agree that we and our delivery partners may contact you, and the recipient where relevant, by email, phone or text message about that order, its delivery and any claim.
We send marketing messages only with your consent, and every marketing email includes a way to unsubscribe.
We collect and use personal information as described in our Privacy Policy.
You agree that contracts, notices, confirmations and other communications may be provided electronically, and that electronic records have the same effect as written ones.
Our records. We keep records of orders, payments, your acceptance of these Terms at checkout, delivery confirmation photos and time stamps, pickup signatures and communications. You agree that these records may be used as evidence of the order, its terms, and its Handover.

14. Business and Corporate Orders

Corporate, batch and multi-address orders are confirmed by written quote. A quote is valid for the period stated on it and only for the quantities, dates and addresses it lists.
Unless agreed otherwise in writing, business orders are paid in full in advance. We provide invoices or receipts on request; we do not offer credit terms or monthly billing.
For multi-address orders, the business customer is responsible for an accurate address list and for making sure someone at each address can receive the order. Each address is treated as a separate delivery under Section 6, with its own Handover under Section 7.

15. Errors, Inaccuracies, and Omissions

While the Company strives for accuracy, the website, product descriptions, and all communications may contain typographical errors, inaccuracies, or omissions. The Company reserves the right to correct any errors or inaccuracies at any time, including after an order has been submitted.
The Company reserves the right to refuse or cancel any orders affected by such errors, whether or not the order has been confirmed or payment processed. If we cancel an order for this reason, we refund the amount paid in full.

16. Events Beyond Our Control

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including severe weather, road closures, traffic incidents, power or utility outages, equipment failure, fire, flood, labour disputes, shortages of ingredients or supplies, failures of couriers, payment processors or online platforms, or government orders.
If such an event affects your order, we will contact you as soon as reasonably possible to offer a new date or time, a similar product, store credit, or a refund, as described in Section 4.3.

17. Limitation of Liability and Indemnity

Our total liability. To the maximum extent permitted by applicable law, the Company’s total liability for any claim arising out of or related to an order, a Product or our Services, whether in contract, negligence or otherwise, is limited to the amount you actually paid for the order that gave rise to the claim. Where a claim relates to only part of an order, our liability is limited to the amount paid for that part.
Losses we are not responsible for. To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, affiliates, agents, contractors and suppliers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of enjoyment, the cost of an event, venue, travel or other arrangements, or any other loss that was not a reasonably foreseeable result of our breach, even if we were told such loss was possible.
The Company is not liable for losses caused by the Client’s inaccurate information, failure to follow the storage, handling, allergen, safety or serving instructions, anything that happens after Handover, or events described in Section 16.
Indemnity. The Client agrees to indemnify and hold harmless the Company and its affiliates, directors, officers, employees, agents, contractors and service providers from any claim, demand, liability, damage, loss or expense (including reasonable legal fees) arising out of the Client’s breach of these Terms, misuse of our website or promotions, Your Content, a failure to pass on the information in Sections 8 and 9 to the people the Client serves, or violation of any law or third-party right.
Your rights under consumer protection law. Nothing in these Terms excludes or limits any right or remedy that cannot be excluded or limited under applicable law, including the Ontario Consumer Protection Act, 2002. Where the law does not allow a limitation in these Terms, that limitation applies only to the extent the law allows.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising from them are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law principles.
Talk to us first. If you have a dispute about an order or our Services, please contact us at Contact@ThePlaceToronto.com with your order number and a description of the issue. Both parties agree to try in good faith to resolve it within thirty (30) days.
Consumers. If we cannot resolve the dispute, you may bring a claim in the courts of Ontario, including the Small Claims Court. Nothing in these Terms requires a consumer to use arbitration or removes any right of a consumer to start or join a court proceeding.
Business customers. If you order for a business or other organization, any dispute that is not resolved within 30 days will be finally resolved by confidential binding arbitration seated in Toronto, Ontario, under the Arbitration Act, 1991 (Ontario), on an individual basis and not as part of any class or representative proceeding. Any such claim must be started within one (1) year after the delivery or pickup date of the order.

19. General

Entire agreement. These Terms, the policies they incorporate and any written quote or confirmation for your order are the entire agreement between you and us about that order.
Severability. If any provision of these Terms is found to be invalid or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No waiver. If we do not enforce a provision at any time, we do not give up the right to enforce it later. A goodwill gesture we offer in one case does not create an obligation in another.
Assignment. You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations to a successor business, provided your rights are not reduced.
Survival. Sections that by their nature should continue after an order is completed, including Sections 3, 5, 7, 8, 9, 10, 11, 17, 18 and 19, continue to apply.
Language. These Terms are written in English. If they are translated, the English version prevails. Headings are for convenience only.

20. Contact Information

For all questions, claims, or communications under these Terms, please contact us at:
Megalium Creative Enterprise Corp., operating as The Place
505 Hood Rd, Unit 10, Markham, ON L3R 5V6, Canada
Email: Contact@ThePlaceToronto.com
Phone: +1 (888) 356-9099

By accessing, browsing, or using our Services, or by placing an order, you affirm that you have read, understood, and agree to be legally bound by these Terms.

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