TERMS AND CONDITIONS OF SERVICE
These terms and conditions (“Terms”) apply to your use of the CheaprEats website at https://cheapreats.com (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
Please read these Terms carefully before using our website Application or Service. By using or accessing any part of the Website, Application or ordering products via the Application (whether now or in the future), you agree to be bound by these Terms. We reserve the right to change these Terms from time to time by changing them on this page.
These Terms are between you and 10792195 Canada Inc. (“CheaprEats”) which is a company registered in Ontario, Canada with offices located at 256 Doris Avenue, Suite 207, Toronto, ON, Canada, M2N 6X8. When used in these Terms, the terms “us”, “we” and “our” refer to CheaprEats.
We provide information and a way for you to communicate your orders (“Orders”) for products or services (“Products”) from third party restaurants (“Restaurants”), which may be requested through the use of an application supplied by CheaprEats and downloaded and installed by you on your single mobile device (smartphone) (“the Application”). All services provided by CheaprEats to you by means of your use of the Application are hereafter referred to as the “Service”.
CheaprEats is a platform only to connect you to Restaurants, does not provide the Products or operate any of the Restaurants, and is not itself a restaurant. The provision of the Product and fulfilment of any Orders by the Restaurant to you is subject to the agreement (to be) entered into between you and the Restaurant. CheaprEats shall never be a party to such agreement. It is up to the Restaurant to accept Orders for Products and services, which may be requested through the use of the Application or the Service. CheaprEats only acts as an intermediary between you and the Restaurants, acting as the agent for each Restaurant to arrange and conclude your Orders. When you pay for an Order on the Application or Service this extinguishes your debt owed to the Restaurant for that Order.
USING THE APPLICATION OR SERVICE
By using the Application or the Service, you are entering into a contract with CheaprEats under these Terms. In order to be able to use the Application or Service, you first need to sign-up with CheaprEats. When signing-up, you are obligated to provide CheaprEats with certain personal information, including your mobile telephone number and payment card data. Upon successfully signing-up with CheaprEats, CheaprEats will provide you with a personal account, accessible for you with a password of your choice.
You have to be at least the age of majority or older in your jurisdiction of residence in order to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of your age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of the age of majority to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and the Application.
HOW TO USE THE APPLICATION AND SERVICE
The Application allows you to send Orders to Restaurants. The Restaurant has sole and complete discretion to accept or reject each Order. Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund of your Order. CheaprEats encourages all our Restaurants to accept all Orders and to communicate any rejection promptly, and CheaprEats will notify you as soon as reasonably practicable if a Restaurant rejects your Order. Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. If the Restaurant accepts a request, the Application notifies you and provides an estimate on when your Order will be ready. Neither CheaprEats nor the Restaurant guarantee that Orders will be ready for pick-up within the estimated times.
If you have any issues with your order, or wish to change or cancel your order, you may contact us directly ([email protected]) and we will assist you in resolving your issue directly with the Restaurant. However, we cannot guarantee that we will be able to get in touch with the Restaurant or change or cancel an order.
YOUR USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to CheaprEats is accurate and complete and that you will keep the information you have provided to CheaprEats current through the Application. CheaprEats is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. CheaprEats is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. CheaprEats reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
By using the Application or the Service, you further agree that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorise others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service or Application in any way whatsoever;
- You will not copy, or distribute the Application or other CheaprEats Content without written permission from CheaprEats ;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use our Application or Service through an internet connection you are authorized to use;
- You are aware that when Services may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;
- You will not use the Service or Application with an incompatible or unauthorized device;
- You will comply with all applicable laws including, secondary legislation of the area in which you are present while using the Application or Service.
CheaprEats reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application and the Service is available to you free of charge. CheaprEats reserves the right to introduce a fee for the use of the Application and/or the Service. If CheaprEats decides to introduce such a fee, CheaprEats shall inform you accordingly and allow you to either continue or terminate your use of the Service.
CheaprEats shall charge you on behalf of the Restaurant for the Order placed by you. You agree that you will pay for all Products you purchase from the Restaurant, and that CheaprEats may charge you the total amount for your Order using the payment method provided by you when registering for the Service for the Products (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing CheaprEats with a valid method of payment at all times. Any payment made is non-refundable. Payment options available to you when registering for the Service may include all major credit cards, Debit/Visa (traditional debit cards are not accepted), Google Pay, Apple Pay and Apple Pay Cash (in US only).
CheaprEats uses a third-party payment processor (the “Payment Processor”) to link the payment card you provide to the Application and Service.
The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. CheaprEats is not responsible for any errors by the Payment Processor.
By accepting these Terms and using the Application or Service, you agree that you shall indemnify and release CheaprEats, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, including Restaurants arranged via the Application, or your use or misuse of the Application or Service.
The information, recommendations and content provided to you on or through the Website, the Service and the Application are for general information purposes only and do not constitute advice. Your use of the Service and Application are at your sole risk. The CheaprEats Application and Service are provided on an “as is” and “as available” basis. CheaprEats does not guarantee that (the contents of) the Website or Application are free of errors, defects, malware and viruses or that the Website or Application are correct, up to date or accurate. CheaprEats shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Content or the Website or Application.
CheaprEats shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under law, CheaprEats’s aggregate liability to you in shall in no event exceed CAD $100.00.
By using our Services, if there is a dispute between you and any Restaurant regarding the accuracy or information provided on or through our Application or Service, you may contact us directly ([email protected]) and we will assist you in resolving your issue directly with the Restaurant.
CheaprEats and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty or condition that (i) the Application or Service will meet your requirements; (ii) the Application or Service will be uninterrupted, timely, secure or error-free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Application or Service will meet your personal expectations.
For the avoidance of doubt nothing in these terms shall affect your statutory rights. Nothing in these terms shall limit or exclude our liability to you that, by applicable law, may not be limited or excluded.
You expressly understand and agree that CheaprEats and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any loss of profits, goodwill, data (excluding personal information collected), opportunity or sales, or for any punitive, indirect, incidental, special, consequential or exemplary damages or other intangible losses (even if CheaprEats has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service or application; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the service or application.
CheaprEats will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of these Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“CheaprEats Content” means Content owned or used by CheaprEats, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
“CheaprEats Group” means collectively CheaprEats and any other affiliate, subsidiary, parent or sister company of CheaprEats.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
“Collective Content” means, collectively, CheaprEats Content and User Content.
Subject to your compliance with these Terms, CheaprEats grants you a limited, non-exclusive, non-transferable license:
- to view, download and print any CheaprEats Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
Unless otherwise stated, the copyright and other intellectual property rights in the Website and/or Application and in material published on it (including without limitation photographs and graphical images) are owned by us, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of CheaprEats. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CheaprEats or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. By providing User Content to CheaprEats, you grant CheaprEats a non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that CheaprEatsl only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. CheaprEats does not continuously monitor User Content published by you or moderate between Users, nor shall CheaprEats be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of CheaprEats.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify CheaprEats, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by CheaprEats or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
CheaprEats reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which CheaprEats believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to CheaprEats.
You agree to promptly notify CheaprEats in writing of any User Content which breaches these Terms. You agree to provide to CheaprEats sufficient information to enable CheaprEats to investigate whether such User Content breaches these Terms. CheaprEats agrees to make good faith efforts to investigate such complaint and shall take such action as CheaprEats in its sole discretion decides. However, CheaprEats does not warrant or represent that it will block or remove (in whole or in part) such User Content.
Subject to your compliance with these Terms, CheaprEats grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
YOU SHALL NOT
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
- copy any ideas, features, functions or graphics of the Service or Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. misuse the Website and/or the Application (including by hacking or “scraping”).
- send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
CheaprEats will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CheaprEats may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CheaprEats has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CheaprEats reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CheaprEats, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Service or Application.
INTELLECTUAL PROPERTY OWNERSHIP
CheaprEats alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by CheaprEats. CheaprEats’s name, logo, and the product names associated with the Application and Service are trademarks of CheaprEats, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond CheaprEats’s control.
You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on CheaprEats’s website.
CheaprEats is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of CheaprEats, misuse the Application or the Service.
The Terms (including any referenced documents) constitute the entire agreement between you and CheaprEats and governs your use of the Website, Application and Service, superseding any prior version of these Terms between you and CheaprEats.
WAIVER AND SEVERABILITY OF TERMS
The failure of CheaprEats to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
MODIFICATION OF THE SERVICE AND TERMS
CheaprEats reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. CheaprEats may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Such modification will not apply to any Orders already placed.
CheaprEats may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in CheaprEats’s account information, or by written communication sent by regular mail to your address on record in CheaprEats’s account information.
You may not assign your rights under these Terms without prior written approval of CheaprEats.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
CheaprEats may, in CheaprEats’s sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider’s services, subject to any additional terms that CheaprEats establishes on a per promotion basis (“Promo”). You agree that Promos:
- Must be used for the intended audience and purpose, and in a lawful manner;
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CheaprEats;
- May be disabled by CheaprEats at any time for any reason without liability to CheaprEats;
- May only be used pursuant to the specific terms that CheaprEats establishes for such Promos;
- Are not redeemable for cash; and
- May expire prior to your use.
Certain Promos may only be available to new users. New users are unique natural persons who have not yet created a CheaprEats account.
CheaprEats reserves the right to delay delivery of Promo benefits pending verification that a user has complied with the terms of the Promo, including verification of the user’s identity. CheaprEats users that make a referral code available to other must not make any false or misleading representations related to CheaprEats or the benefits a new user may receive upon signing-up for CheaprEats. CheaprEats reserves the right to deduct credits or other features or benefits obtained through the use of Promos by you or any other user in the event that CheaprEats determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.
CheaprEats credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on CheaprEats exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. CheaprEats promotions cannot be combined with any codes or other promotions.