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Privacy & Terms of Use

FOODEE PRIVACY POLICY

This Privacy Policy describes our practices in connection with privacy and the Personal Information that we collect through (i) the Foodee website located at www.food.ee; (ii) the Foodee online meal ordering tool for ordering meals; and (iii) all other products or services provided by Foodee, as described on the website (collectively, the “Foodee Platform”).

This Privacy Policy, together with our Terms of Use, form an agreement between Foodee Media Inc., a company incorporated under the laws of British Columbia, with its head office located at 120 Columbia Street, Vancouver, British Columbia, V6A 3Z8, Canada (“Foodee”) and you. The term “you” refers to (as applicable): (i) anyone who accesses the Foodee Platform (each a “Browsing User”) or (ii) a person or entity ordering foods or drinks (collectively “Meals”) through the Foodee Platform (each a “Foodee Customer”).

BY ACCESSING OR USING THE FOODEE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE FOODEE PLATFORM.

As a condition of your use of the Foodee Platform, you consent to the collection, use and transfer of your information under the terms of this policy.

  1. Personal Information that we collect from you

When you sign up for a user account, you may be asked to provide personal information including but not limited to your name, your company name, contact details, delivery address and payment information. We may also collect information about your location, your usage, your food tastes, your reviews, your messages, or any other actions performed on the Foodee

Platform.

  1. Use of your information
  1. Your information enables us to provide you service, order you food, bill you, and contact you when necessary for customer service or other reasons. We may monitor and analyze customer behaviour on the Foodee Platform to develop our product and better serve and support our customers.
  1. We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Foodee Platform. If you have consented, we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you by telephone, SMS as well as by e-mail.
  1. If you have consented, we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by telephone, SMS and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
  1. Disclosure of your information
  1. Information you provide us is stored on our servers and may be accessed by Foodee staff and third parties including companies within the Foodee Media group of companies (including subsidiaries and our parent company) and our partners. Foodee works with partners for payment processing and support services. Foodee may provide your information to any restaurants that you have placed your order with (“Delivery Restaurants”). By submitting your personal data, you agree to this transfer, storing or processing. Foodee will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
  1. If you have consented we may allow third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by telephone, SMS or e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in section 7 below and/or by amending your profile accordingly.
  1. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners.
  1. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with any legal obligation; or in order to enforce our Terms of Use, and any other agreement; or to protect the rights of Foodee, Delivery Restaurants or others. This includes exchanging information with other companies and other organizations for the purposes of fraud protection.
  1. Cookies

Cookies are small amounts of information which we store on your computer. Unless you have told us you object, our system will issue cookies to your computer when you use the Foodee Platform (whether you are a Browsing User or Foodee Customer). Cookies make it easier for you to log on to and use the Foodee during future visits. They also allow us to monitor website traffic and to personalize the content of the site for you. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you do that, you may not be able to use some features of the Foodee Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Please note that our advertisers may also use cookies, over which we have no control.

  1. Security and data retention
  1. We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
  1. When you have been issued a username and password (a “Foodee User ID”) which allows you to access certain parts of the Foodee Platform, you are responsible for keeping your Foodee User ID secure and in accordance with our Terms of Use will not share your Foodee User ID with anyone else.
  1. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Foodee Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  1. Changes to our privacy policy

Any changes to our Privacy Policy will be posted to the the Foodee website and, where appropriate, through e-mail notification.

  1. Contact

All comments, queries and requests relating to our use of your information are welcomed and should be submitted by email to feedback@food.ee 

FOODEE TERMS OF USE

The following Terms of Use (the “Terms of Use“) govern your access to and use of: (i) the Foodee website located at www.food.ee; (ii) the Foodee online meal ordering tool for ordering meals; and (iii) all other products or services provided by Foodee, as described on the website (collectively, the “Foodee Platform”).

These Terms of Use, together with our Privacy Policy, form an agreement between Foodee Media Inc., a company incorporated under the laws of British Columbia, with its head office located at 120 Columbia Street, Vancouver, British Columbia, V6A 3Z8, Canada (“Foodee”) and you. The term “you” refers to (as applicable): (i) anyone who accesses the Foodee Platform (each a “Browsing User”) or (ii) a person or entity ordering foods or drinks (collectively “Meals”) through the Foodee Platform (each a “Foodee Customer”).

  1. Acceptance of Terms of Use

BY ACCESSING OR USING THE FOODEE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE FOODEE PLATFORM.

As a condition of your use of the Foodee Platform, you represent and warrant that: (i) you have reached the age of majority or the legal drinking age in your jurisdiction of residence, whichever is the greater; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Foodee Platform in accordance with these Terms of Use and for the Permitted Use only; and (iv) all information supplied by you on the Foodee Platform is true, accurate, current and complete.

  1. Changes to these Terms of Use and the Foodee Platform

Except where prohibited by applicable law, Foodee reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the Foodee Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Foodee reserves the right to change any information, material or content (including, but not limited to, features, restaurants, menus, Meals, and prices) contained on or provided through the Foodee Platform (the “Content“) at any time, and from time to time, without notice.

  1. Use of the Foodee Platform

The Foodee Platform is provided solely to: (i) enable you to view, access and browse restaurant Meals menus available to you through the Foodee Platform; (ii) enable you to place orders and pay for Meals (each an “Order”); (iii) enable you to view and access upcoming and past Orders; and (iv) enable you to view, access and maintain your user account (collectively, (i) through (iv) are the “Permitted Use”).

Foodee retains the right, at its sole discretion, to deny you use of the Foodee Platform, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Use or use other than the Permitted Use. You will cease and desist from any such access or use of the Foodee Platform immediately upon request by Foodee.

  1. License Grants

Subject to these Terms of Use, Foodee grants you a personal, revocable, non-exclusive and non-transferable license to permit you to use the Foodee Platform in accordance with these Terms of Use and for the Permitted Use only.

Subject to these Terms of Use, you grant to Foodee a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records, files, material or other content (i) that you load, transmit to or enter into the Foodee Platform, or (ii) that Foodee collects from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof.

  1. User Account

You may browse certain portions the Foodee Platform without creating a Foodee Customer Account. You may also add items (Meals from the restaurants’ menu) to your cart, choose your desired quantities and edit the items in your cart. To use the Foodee Platform to place Orders, review your Order history or manage your user account, you will be required to successfully sign up for a user account (the “Foodee Customer Account”) using the available interfaces on the Foodee Platform, and be issued a username and password (a “Foodee User ID”) by Foodee. If you are issued a FoodeeUser ID, you will keep your Foodee User ID secure and will not share your Foodee User ID with anyone else, and you will not collect or harvest any Personal Information, including Personal Information of other Foodee Customers, except as permitted by these Terms of Use. Foodee reserves the right to deny your request for a Foodee Customer Account and to disable any Foodee Customer Account issued to you at any time at Foodee’s sole discretion. If Foodee disables access to a Foodee Customer Account issued to you, you will be prevented from accessing the your Foodee Customer Account details, Order details, or any other information that is associated with your account.

  1. Making Orders, Amending Orders, Cancellations and Refunds

Once you have created your Foodee Customer Account, and once you have made your Meals selection, you may checkout the items in your cart by clicking the “Checkout” button. At this time you will have the opportunity to review your cart items. After reviewing your cart items, you will be asked to provide additional delivery details and payment information. Once this additional information has been provided, you may click the Submit Orderbutton to submit your Order. You may edit your cart items at any time prior to submitting your Order. Once submitted your Order will be sent to the restaurant and your payment, as applicable, will be processed. You cannot edit your Order once you have clicked on the Submit Orderbutton.

Once you have created your Foodee Customer Account, and upon request, a Foodee staff member may provide you with Meals selections (each a “Quote”). At this time an email will be sent to you to review and confirm the Order (the “Confirmation Email”). You may click the  the “Accept button in the Confirmation Email to submit your Order. Once submitted your Order will be sent to the restaurant and your payment, as applicable, will be processed. You cannot edit a Quote, you may click the “Reject” button in the Confirmation Email to refuse a Quote.

If you wish to amend or cancel your Order you must contact with Foodee via email at order@food.ee or by phone at 1.844-8FOODEE. Foodee will use reasonable efforts to make the changes you request but does not guarantee that amendments or refunds will be effected unless Foodee is notified of the change or cancellation of your Order at least 24 hours in advance of the Order’s delivery date and time for orders under 25 people, and at least 48 hours in advance of the Order’s delivery date and time for orders 25 people or over.

It is possible that Foodee or the restaurant will be unable to complete your Order as submitted, in such a case Foodee will use reasonable efforts to communicate that circumstance to you as quickly as possible. Your payment will be refunded in the event that the Order is rejected by the restaurant or cancelled by Foodee.

YOU AGREE THAT FOODEE OR THE RESTAURANT WILL HAVE NO LIABILITY TO YOU FOR ORDERS THAT HAVE BEEN REJECTED BY THE RESTAURANT OR CANCELLED BY FOODEE.

  1. Price and Payment

Restaurant Meals menu prices listed on the Foodee Platform in Canadian zones are in Canadian dollars and do not include applicable tax and delivery charges. Restaurant Meals menu prices listed on the Foodee Platform in American zones are in American dollars and do not include applicable tax and delivery charges. Taxes and delivery charges will be added at checkout and paid by you along with the Order price.

Payment for Orders must be made with an accepted credit card through the Foodee Platform. The Foodee Platform uses a Payment Processing Services Provider (details set out in section 16 below) to affect charges onto your credit card. You acknowledge and agree that there may be delays with processing your payments and transactions and that it can take up to 60 days for payment to be processed.

Should the restaurant Meals menu display an incorrect price for your Order, Foodee will use reasonable efforts to communicate that circumstance to you as quickly as possible. Foodee or the restaurant is under no obligation to fulfill your Order at the incorrect price. You acknowledge and agree that prices at the restaurant Meals menu in the Foodee Platform may be different than in the restaurant’s physical location and that any such differences will not entitle you to a refund or a reduction in the price of your Order.

  1. Customer Care

If you have any problems, questions or suggestions with respect to the Foodee Platform or your Order, please contact Foodee’s customer care team via email at order@food.ee or by phone at 1.844-8FOODEE.

The restaurants available on the Foodee Platform operate independently are solely responsible for preparing and packaging all products ordered through the Foodee Platform. Each Restaurant is solely liable for the quality and freshness of its products, and Foodee does not verify the credentials, representations, products or prices offered by the Restaurants. Foodee is not responsible for the restaurants’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws.

YOU AGREE THAT FOODEE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY RESTAURANTS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES AND THE PRODUCTS OFFERED BY THE RESTAURANTS.

  1. Term and Termination

These Terms of Use will commence on the day you first use the Foodee Platform and will continue into force until terminated by either party in accordance with the terms and conditions herein (the “Term”). These Terms of Use may be terminated as follows: (a) Foodee may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Foodee’s discretion, by email (at your current email address on file with Foodee) or through the Foodee Platform; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Foodee Platform) that your Foodee Customer Account be deleted, and ceasing use of the Foodee Platform.

  1. Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Foodee Platform, are owned or licensed by Foodee and are protected by copyright, trade-mark and other intellectual property laws.

Foodee expressly reserves all rights in the Foodee Platform and all materials provided by Foodee in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Foodee Platform, all materials provided by Foodee in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Foodee (or third party suppliers, if applicable), and that the Foodee Platform and all materials provided by Foodee hereunder are licensed and not “sold” to you.

All contents of the Foodee website are: © 2016 Foodee Media Inc.

  1. Privacy Policy

Foodee’s current Privacy Policy, which contains important information about Foodee’s practices in collecting, storing, using and disclosing any information about an identifiable individual or information that is subject to applicable privacy or data protection laws (any such information, “Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use.

You acknowledge that restaurants may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information and you will read such additional privacy policies or statements carefully. You hereby represent and warrant to Foodee that you have familiarized yourself and agree with those privacy policies or statements imposed by any restaurant with whom you elect to deal through the Foodee Platform.

  1. No Unlawful or Prohibited Use

You will not, without Foodee’s prior written permission, use the Foodee Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (a) “frame”, “mirror” or otherwise incorporate the Foodee Platform or the Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any part of the Foodee Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Foodee’s express written permission; (c) violate the restrictions in any robot exclusion headers on the Content or the Foodee Platform or bypass or circumvent other measures employed to prevent or limit access to the Foodee Platform; (d) take any action that imposes, or may impose, in Foodee’s discretion, an unreasonable or disproportionately large load on the Foodee Platform; (e) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Foodee Platform or the Content; (f) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Foodee Platform or any restaurant menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Foodee Platform; (g) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Foodee Platform; (h) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Foodee Platform or the Content; (i) create derivative works based on the Foodee Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Foodee Platform or the Content; (j) use the Foodee Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (k) upload to or transmit through the Foodee Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Foodee in its sole discretion.

  1. Third Party Websites

The Foodee Platform may provide links to third party websites. Foodee does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Foodee’s control, and if you choose to access any such website, you do so entirely at your own risk.

  1. Viruses

The downloading and viewing of Content is done at your own risk. Foodee cannot and does not guarantee or warrant that the Foodee Platform or the Content are compatible with your computer system or that the Foodee Platform or the Content, or any links from the Foodee Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Foodee Platform.

  1. Communications Not Confidential

Foodee does not guarantee the confidentiality of any communications made by you through the Foodee Platform. Although Foodee generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Foodee Platform, you understand, agree and acknowledge that Foodee cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Foodee Platform.

  1. Payment Processing Services

Payment processing services for the Foodee Platform are provided by Stripe Payments Canada Ltd. (in Canadian zones) and Stripe Payments (in American zones) or other payment services providers as Foodee may choose from time to time (collectively referred to herein as the “Payment Processing Services Provider”). You hereby authorize Foodee to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Foodee Platform. You also agree that Foodee is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.

  1. DISCLAIMER AND EXCLUSION OF LIABILITY

USE OF THE FOODEE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. THE FOODEE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES,  OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODEE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FOODEE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FOODEE PLATFORM OR THE CONTENT, OR THAT THE FOODEE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE FOODEE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. FOODEE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FOODEE PLATFORM OR THE CONTENT. IN ADDITION, FOODEE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FOODEE PLATFORM AND THE CONTENT.

RESTAURANTS MARKETING THEIR PRODUCTS AND SERVICES THROUGH THE FOODEE PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF FOODEE. FOODEE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY RESTAURANTS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES AND THE PRODUCTS OFFERED BY THE RESTAURANTS.

  1. Limitation of Liability

TYPE. IN NO EVENT WILL FOODEE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FOODEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FOODEE PLATFORM OR THE CONTENT.

AMOUNT. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FOODEE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FOODEE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A RESTAURANT’S MENU, SERVICE OR PRODUCT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FOODEE PLATFORM OR THE CONTENT EXCEED TWICE THE VALUE OF YOUR ORDER OR CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS THE LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. Indemnification

You will defend, indemnify and hold harmless Foodee and all of its officers, directors, employees,  agents, successors, and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;

your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

your use of the Foodee Platform;

breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or

any products or services provided to you (or a third party acting on your behalf) by a restaurant.

  1. Geographic Application of the Foodee Platform

Not all of the Foodee Platform services are available in all jurisdictions. Furthermore, nothing on the Foodee Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

  1. Force Majeure

Foodee will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Use for the period that such failure or delay is due to causes beyond Foodee’s reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.

  1. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Foodee Platform or the Content, notwithstanding your domicile, residency or physical location. The Foodee Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Foodee Platform or the Content.

  1. Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between Foodee and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Foodee with respect to the Foodee Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign any of your rights or obligations under these Terms of Use without our prior written consent. We may assign any of our rights or obligations under these Terms of Use without your prior written consent.

Foodee may, in its sole discretion, provide any notices to you in connection with these Terms of Use through the Foodee Platform or by email at the then-current email address for you on file with Foodee. You may provide notices to Foodee by writing to the following address: 120 Columbia St., Vancouver, BC, V6A 3Z8, or by email at order@food.ee. Foodee may change its notice contact information from time to time by posting updated contact details on the Foodee website.

Foodee’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic and legal substance of the transactions contemplated under these Terms of Use is not affected in any manner materially adverse to Foodee.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties, then these Terms of Use will prevail; provided that, if you are also a restaurant registered on the Foodee Platform, the merchant agreement located at http://restaurants.food.ee/foodee-partners-home/onboarding-process/terms-of-service/ will govern your relationship with Foodee in connection with your use of the Foodee Platform as a restaurant offering its services.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

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