BY CLICKING “ACCEPT” OR BY ACCESSING OR USING THE WEBSITE AND SERVICE (EXPLAINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE AND SERVICES ARE NOT INTENDED FOR CHILDREN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT SERVICES WILL NOT BE PROVIDED AND YOU WILL NOT ATTEMPT TO ACCESS OR USE THE WEBSITE OR SERVICES.
1. The Service
The Hungrrr service facilitates users to place direct orders for products included but not limited to food and beverage delivery orders and take-out food and beverage orders from [Miso Edmonton] (the “Restaurant”), which has subscribed to certain services offered by Hungrrr facilitating the Restaurant to have a web page with certain e-commerce features (the “Restaurant Portal”) accessed through the Website or App and hosted by Hungrrr or MTC (the “Service”). For avoidance of doubt, Hungrrr does not prepare food, arrange or provide delivery services directly, or monitor or regulate the quality of goods or services of the Restaurant. The Restaurant may arrange or provide its own delivery or courier services for orders placed through the Website, and Hungrrr will not be liable for the actions or omissions of any third-party contractors or the Restaurant that provides services to you through the Service, including without limitation for any issues related to product or food quality or timely delivery.
You are responsible for all charges and fees associated with connecting to the Website and the Service, including without limitation all internet service provider fees, including fees and rates incurred for accessing the Site and Services from a wireless-enabled device, telephone and computer equipment (and Hungrrr does not guarantee that the Website or Service, or any portions thereof, will function on any particular hardware or devices), sales taxes and any other fees and charges necessary to access the Site and the Services.
In order to place orders with the Restaurant through the Service (each an “Order”), you must create an account on the Website and/or App to enter your delivery and payment information, and by doing so you agree that Hungrrr and MTC are authorized to store your delivery information and provide it to the Restaurant in order to provide the Service to you. You also hereby consent to receive periodic email communications from Hungrrr and the Restaurant, which may include Order details, new product and service offers and other Website information (“Service Emails”). You may choose to opt out of Service Emails; however, Hungrrr and the Restaurant reserves the right to contact you via email at any time with respect to your Hungrrr account, Orders, and your use of the Service.
3. Processing and Payment for Orders
Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. Once you submit an Order and your payment has been authorized by the Payment Provider, your Order will be transmitted to the Restaurant. The Restaurant reserves the right, in its sole discretion, to accept modifications to the Order, or issue refunds (in full or in part) as the Restaurant may determine reasonable, however, you have no right to any such refund or modification (unless required by law).
You are responsible to ensure that all of your Restaurant Order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. The Restaurant may communicate any Order acceptance, or rejection, and may notify you (by Service Email) as soon as reasonably practicable to confirm or reject your Order. The Restaurant has the sole discretion to reject Orders at any time due to volume of other orders, weather conditions, or for any other reason.
4. Delivery of Orders
When you place an Order, it is up to you and the Restaurant to arrange or confirm the delivery time or pick up. Hungrrr offers no guarantees in respect to the timely delivery or collection of your Order. Hungrrr is not responsible for any delays in receiving your Order for any reason, such matters are only between you and the Restaurant.
If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. The right is reserved of Restaurants to require, valid government-issued photo identification, matching the name on the Order, proving your age to a Restaurant representative, and that the recipient will not be intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Restaurant, then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discretion of the Restaurant.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Hungrrr, its Licensor, or the Restaurant, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Neither Hungrrr nor MTC controls or actively monitors User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Hungrrr or MTC be liable in any way for any errors or omissions in any materials, including User Content, or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available through the Service.
6. Restrictions on User Content and Use of the Service
In using the Website, App and/or Service You hereby acknowledge and agree that you shall not:
a. copy any materials unless expressly permitted to do so in writing;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, provincial, federal or international law or regulation;
g. collect or store personal data about other users or viewers;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
7. License of Content to Hungrrr and other Users
8. End User License
9. Apple App Store and Google Play Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using the App from the Apple App Store and/or Google Play Store. You acknowledge and agree that:
b. Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App.
c. Hungrrr, not Apple and Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
Hungrrr specifically disclaims any liability to any users in jurisdictions in which the uses of services such as those offered by Hungrrr are illegal. Hungrrr is not liable for any consequences resulting from the use of the Site, Services or Content by users in jurisdictions where such use is illegal.
If You provide any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), whether to Hungrrr directly or through the Restaurant, Hungrrr may use such Feedback in the Website, App, Service and/or in any other Hungrrr products or services (collectively, "Hungrrr Offerings") indefinitely, and without any restriction or obligation to you. You acknowledge and agree that: (a) Hungrrr is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Hungrrr; (c) Hungrrr (including all of its licensors, successors and assigns and any successors and assigns of any of the Hungrrr Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hungrrr Offerings; and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
By posting, uploading or transmitting any Feedback, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Feedback including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Feedback.
The Feedback contained on the Website/App are for information purposes only and do not constitute advice from us. Feedback reflects the opinions of users who have ordered through the Website/App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Feedback, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
11. Links & Third-Party Websites
12. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." HUNGRRR SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HUNGRRR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HUNGRRR SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HUNGRRR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. HUNGRRR WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
13. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL HUNGRRR, THE LICENSOR, OR THE RESTAURANT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, (VII) YOUR INTERACTION WITH OTHER INDIVIDUALS EITHER ONLINE OR IN PERSON AS A RESULT OF USING THE SERVICE, AND (VIII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF HUNGRRR, THE LICENSOR, OR THE RESTAURANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF HUNGRRR, THE LICENSOR, OR THE RESTAURANT TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY CANADIAN DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. Force Majeure.
You acknowledge and agree that your only right with respect to any dissatisfaction with the Service, Website, or any modification or discontinuation of the foregoing, or any policies or practices by Hungrrr in providing this Site or Service, including without limitation any changes to the Service, is to cancel or terminate your registered account.
You may cancel or terminate your account at any time through your account settings, by contacting Hungrrr Customer Care at [firstname.lastname@example.org], or through other methods that may be available from time to time. You are not entitled to receive a refund for any payments you may have made in respect to Orders or the Service. You acknowledge and agree that if you terminate your account, you may lose some information associated with your account, including Order history.
17. Availability & Updates
Hungrrr may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hungrrr may periodically add or update the information and materials on the Website without notice.
While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
Information sent or received over the Internet is generally unsecure and Hungrrr cannot and does not make any representation or warranty whatsoever concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Hungrrr will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: [email@example.com].
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
I CERTIFY THAT I AM NOT A MINOR AND THAT I AM ABLE TO ENTER INTO THIS AGREEMENT; AND
I ACKNOWLEDGE HAVING READ THE TERMS AND CONDITIONS OF USE AND HAVING PRINTED A COPY OF THE TERMS AND CONDITIONS OF USE; AND