General terms and conditions of business for Mobile App
These Terms and Conditions apply when using mobile app from:
1812580 ONTARIO INC
1812580 ONTARIO INC
Address: 200-207 Queen’s Quay West, Toronto M5J 1A7, Ontario, Canada
Public phone: +1 416 203 1233
Menu currency: CAD
(hereinafter referred to as the “Restaurant” or “We” or “Us”)
These Terms and Conditions apply to you as a client for mobile app
(hereinafter referred to as “you” or the“user” or the “client”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE MOBILE APP (HEREINAFTER NAMED “MOBILE APP”). ACCESS AND/OR USE OF THE MOBILE APP BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Subject to applicable legal regulations in force, we may, in our discretion, from time to time amend or otherwise modify these Terms and Conditions. We recommend that you carefully read, each time you use the mobile app, the Terms and Conditions as they may affect your rights.
These Terms and Conditions describe the general terms and conditions for the use of the mobile app between us and you, and outline the rights and obligations of the Parties.
For the sake of clarity, these Terms and Conditions apply specifically to the use of the mobile app for earning and redeeming coupons and participating in the loyalty program (hereinafter referred to as the “loyalty program”).
The mobile app is owned and operated by the licensor of the license agreement regarding the use of the app for participating in the loyalty program.
Without affecting the generality of the present Terms and Conditions and for the sake of clarity, you must also respect the license agreement regarding the use of the app to participate in the loyalty program.
The Restaurant shall make all necessary diligences to ensure that the information related to the mobile app is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information before using the mobile app. To the maximum extent permitted by applicable law, the Restaurant disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the mobile app, including without limitation the availability of the mobile app.
The Restaurant may from time to time revise the information related to the mobile app and/or process and reserves the right to make such changes without any obligation to notify any past, current, or prospective clients. In no event shall the Restaurant be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein and/or in relation to the mobile app process.
By using the mobile app, you acknowledge and agree that the use of the app and/or processes is at your own risk and to the maximum extent permitted by applicable law, in no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this mobile app and/or any application and/or material on any site linked to this mobile app (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the mobile app and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted by applicable law.
The mobile app and/or processes may include content, information, or links to third-party sites. The Restaurant is not responsible for the content of any such sites or for any third-party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user’s own risk and the Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this mobile app. You agree to hold harmless and relieve the Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
Except as otherwise expressly mentioned, all information related to the mobile app (including without limitation the images, buttons, and text) are property of and/or available with the permission of the licensor of the license agreement regarding the use of the app for the loyalty program and holds usage rights over them, and may not be copied, distributed, reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission.
The content referring to specific products, arrangement, and text layout of the mobile app, the trademarks, and any other content are proprietary and protected according to the legal regulations in force and cannot be used in any way without the express written permission of the Restaurant.
The User does not obtain any license or right regarding the information related to the mobile app and/or loyalty program.
If you decide to use the mobile app for the loyalty program, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the mobile app and/or loyalty program if you breach the Terms and Conditions.
You acknowledge and agree that all actions within the app are treated as an express intention to participate in the loyalty program and redeem coupons or loyalty points for the agreed terms. Any variations must be in writing, otherwise, they will not be binding on either party.
Acceptance of any participation in the coupons and loyalty program shall be at the entire discretion of the Restaurant. Our acceptance may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your participation.
The Restaurant reserves the right to refuse any service, terminate your access to the mobile app and/or loyalty program, remove or edit any content, or accept your participation at its sole discretion and without prior notice to you.
The mobile app must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by law or otherwise under the supervision of an adult or guardian.
Any products, coupons, and/or services provided through the mobile app are offered on an “as is” and “if available” basis. The Restaurant expressly excludes any warranties, conditions, representations, or other terms with respect to the mobile app or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.
The pictures of products or coupons are for presentation only. The actual items may have differences (e.g., color, form, etc.) from the photos displayed in the app. The Restaurant is not liable in any way if the descriptions of products or coupons are not complete.
Participation in the loyalty program and redemption of coupons are also subject to:
- You are using the mobile app in the defined service area.
- Availability of the service through the mobile app.
- Your participation may be subject to a minimum requirement.
You can redeem your coupons and loyalty points through any of the methods listed in our app. Please ensure that if you use any payment method, it is valid on the date of your transaction. The Restaurant may not provide refunds for coupons and loyalty points redeemed. Contact us directly to settle any payment disputes or refund claims.
Once a transaction is completed within the mobile app, it cannot be modified or cancelled either through the app or offline by calling the restaurant. However, if you wish to cancel or complain about a transaction, please call your local restaurant service location. Details will be included in the confirmation email sent to you upon completing your transaction and we will see how we can help you.
We will aim to provide you with your redeemed coupons and loyalty points benefits as close as possible to your requested time, but we cannot guarantee the timing in all cases. Timing may be affected due to unforeseen circumstances such as technical issues or app maintenance.
The User agrees to accept the benefits at the agreed time and place. If you are not present to receive the benefits at the address given in your transaction, then we Risk and Responsibility:
- Risk in the redeemed benefits shall pass to you upon receipt.
- Any software service/software used and/or downloaded from the app is at your own risk. If in doubt about the suitability of the software, it is recommended to seek specialist advice before using and/or downloading it.
Confidentiality: You are responsible for maintaining the confidentiality of your personal details, password, and payment information. You agree to accept full responsibility for all your activities within the mobile app.
Transfer of Rights: You may not assign, sub-license, or otherwise transfer any of your rights under these terms and conditions. In case any provision of this agreement becomes void, illegal, invalid, or inapplicable, it shall not affect the validity or applicability of the other contractual clauses, which shall continue to be in force and produce legal effects as if the void, illegal, invalid, or inapplicable clause was not part of this agreement.
These Terms and Conditions do not affect your statutory rights.
The Restaurant trademarks, as well as the related trademarks of others and related proprietary property, are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Restaurant.
To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its provision of the loyalty program and coupon services and in particular shall not be responsible for any loss or damage arising directly or indirectly out of or in connection with delays, any circumstances over which the Restaurant had no control, or any indirect or unforeseeable loss suffered or incurred by the User or others. In any event, the Restaurant’s liability to the User shall not exceed the total value of the redeemed benefits.
Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered. Any dispute arising out of or in connection with these terms shall be settled by the competent courts located at the headquarters of the Restaurant, excluding the possibility of reference to conflict of laws.