Terms & Conditions
TERMS AND CONDITIONS OF USE FOR HUNGRRR.CA CUSTOMER RESTAURANTS
BY SIGNING BELOW, OR BY ACCESSING OR USING THE SITE AND SERVICES (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 SITE OR SERVICES.
The website www.hungrrr.ca, (the Site), is operated by Hungrrr Canada Inc., (Hungrrr, or “we”, or “us” or “our”), under license from MTC Media Ltd. (MTC, or Licensor). The Site and any applications, related websites, content, products, tools, features or services offered on the Site (the Services) are provided by Hungrrr or through its Licensor, conditional on your acceptance of the terms and conditions of use set out below (referred to as the Terms and Conditions of Use or the Agreement).
If you are accepting these Terms and Conditions of Use on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms and Conditions of Use on behalf of such corporation or entity and to bind such corporation or entity to these Terms and Conditions of Use.
Hungrrr reserves the right to modify or amend the Terms and Conditions of Use without notice at any time. Any changes will be posted at the Customer Restaurants Terms and Conditions of Use section of the Site [http://www.hungrrr.ca/policies/terms-and-conditions], and any such changes will become binding and effective on the date the changes are posted. As such, it is important you read the Terms and Conditions of Use on a regular basis so you are aware of any such changes.
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY SERVICES, SOFTWARE, TEMPLATES, PROGRAMS, QUESTIONNAIRES, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY THE “SERVICES”). IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.
1 THE SITE AND SERVICES
The Hungrrr Site and Services allows restaurants like yours (referred to as “you”, “your”, or Customer Restaurant) to obtain customizable e-commerce websites hosted by us or through MTC for you (your Restaurant Portal) to enable your customers, visitors, and users of your Restaurant Portal (collectively, your Patrons) to place orders for your products, such as food and beverage delivery and food and beverage take-out orders from your restaurant or store. You can use the Site and Services from a computer, lap top, or other personal mobile devices that support applications to run the Site or Services. For further clarification, Hungrrr does not prepare food, arrange delivery or pick-up services for your Patrons, or facilitate the hiring of your staff, including drivers for deliveries. Since we only help you facilitate the placement, payment, and delivery of your Patron’s orders, we will not be liable for any actions or omissions of your staff, including delivery personnel, that help you to deliver or prepare your food and products on time, and to your quality standards, to your Patrons.
MTC may provide hosting and data storage services on behalf of Hungrrr from time to time, and by using the Site and Services you acknowledge and agree that you have consented to the provision of the Services by MTC, and such hosting services shall be subject to MTC’s Terms and Conditions, available here [https://www.mtcmedia.co.uk/files/MTC-Terms-Conditions.pdf].
3 LINKS TO OTHER WEBSITES AND SOCIAL MEDIA
You further acknowledge and agree that Hungrrr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. Your use of such third party sites and resources will not be governed by these terms.
4 MOBILE APPLICATIONS ADDITIONAL TERMS AND CONDITIONS
The Site and Services may be made available through mobile applications available from the Apple App Store and Google Play Store, (Mobile Apps), and additional terms and conditions from the Apple App Store and Google Play Store may apply in connection with downloading and accessing the Mobile Apps, and you should review such terms and conditions on the applicable website before accessing the Mobile Apps. Apple and Google have no obligation to provide any maintenance or support services in respect to Mobile Apps, and Apple and Google will have the right to enforce this Agreement against you as a third party beneficiary hereof. In the event you have any product claims related to the Mobile App, Hungrrr is responsible for addressing such claims.
5 PROPRIETARY RIGHTS
The contents of the Site, including features, applications, reports generated from use of the Services, and any other information, data, analyses, graphics, images, audio and video clips, hyperlinks and references, including interactive features such as forums, support services, or conference calls (collectively, the Content), all other works and material on the Site, including without limitation, the code and software (together with the Content, the Materials) and all organization and presentation of the Materials which form a part of the Site are the exclusive property of Hungrrr or its licensors as applicable, and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on the Site will be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party. The trademarks, service marks, logos, slogans and Internet domain names on the Site are the exclusive property of Hungrrr or its licensors. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the owner of the property and a breach of the Terms and Conditions of Use.
6 MEMBER SERVICES
The Services, Site, Content and certain features of the Site are only available to Customer Restaurants who subscribe to the Services and Site (hereafter, Member Services). The Member Services are not intended to be used by any person under the age of eighteen (18) years old. By registering as a member for the Member Services, you agree as follows:
6.1 when you register for the Member Services you agree to provide accurate and complete information and other information necessary for registration. Hungrrr relies on this information to provide the Content and Member Services. Hungrrr also relies on this information to ensure its Services are compliant under law, and thus cannot be liable for any criminal or civil actions against you that may result from you providing false information;
6.2 once you have registered, you will have a login name and password which will grant permission to access the Member Services, and such access shall be subject to the Terms and Conditions of Use at all times. You may continue to access the Member Services for as long as the Site and Member Services are made available by Hungrrr, provided you continuously comply with the Terms and Conditions of Use. Hungrrr has the right, at any time, to place certain limits on your account;
6.3 once you have registered for the Member Services, you hereby consent to receive periodic email communications from Hungrrr, which may include new product and service offers and other Site information (Member Emails). You may choose to opt out of Member Emails; however, Hungrrr reserves the right to contact you via email at any time with respect to your Hungrrr account and your use of the Member Services;
6.4 payment for the Member Services will be charged on regular monthly or annual intervals, and renewed automatically, until you cancel the Member Services. You may choose to be billed for the Member Services annually, or in less than annual increments (e.g. monthly), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold. You agree to pay, using a valid credit card, PayPal, or other form of payment that Hungrrr may accept from time to time, the charges and fees set forth on the Site, applicable taxes, and other charges and fees incurred in order to access the Member Services. The charges and fees on the Site are expressed in Canadian dollars and your credit card or other account will be charged in Canadian dollars. You acknowledge and agree that you will not receive a bill in the mail for your membership to the Member Services. If your Member Services are terminated and then reinstated, you may be required to pay any new charges and fees set forth on the Site, including but not limited to registration fees. Hungrrr reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as Hungrrr may deem appropriate from time to time (including Member Emails or conventional mail);
6.5 in the event Hungrrr cannot process your payment, Hungrrr reserves the right to terminate your access to the Member Services and your Hungrrr account;
6.6 in addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Site and the Member Services, including without limitation all telephone access lines (including long-distance charges, when applicable), 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 Site or Services, or any portion 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; and
6.7 For purposes of your use of the Member Services including identification and billing, you agree to provide Hungrrr with true, accurate and complete information as required by the membership or sign up process to Member Services (Account Data), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow Hungrrr to share your Account Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Account Data to keep it accurate. Without limiting any other provision of the Terms and Conditions of Use, if you provide any information that is untrue, inaccurate, or incomplete, or Hungrrr has reasonable grounds to suspect that such is the case, Hungrrr reserves the right to suspend or terminate your membership or subscription and refuse any and all current or future use by you of the Site (or any portion thereof) or any of the Member Services. You are obligated to check the Site to determine whether your Account Data is current and accurate, and, if not, to correct or update your Account Data including your billing information. You agree to promptly notify Hungrrr of any changes to your credit card or other billing information while any subscriptions remain outstanding.
8 CANCELLATION AND TERMINATION
8.1 You acknowledge and agree that your only right with respect to any dissatisfaction with the Site, Member Services, or any modification or discontinuation of the foregoing, or any policies or practices by Hungrrr in providing this Site or Member Services, including without limitation any changes to the Membership Services, is to cancel or terminate your membership and registered Hungrrr account.
8.2 The Member Services may be cancelled by the Customer Restaurant by giving at least thirty (30) days’ notice to Hungrrr either by calling us and speaking to an authorized representative, or by sending an email to [[email protected]]. The Customer Restaurant shall pay all fees accrued and owing up to the expiry of the subscription period. Notice for termination does not void any other liability on the Customer Restaurant’s part for Services provided up to, and including, the expiry of the notice period. Hungrrr is not obligated to issue a refund in full or in part, except as may be determined in our sole discretion, or if legally required.
8.3 Hungrrr can disable or terminate your Member Services and Hungrrr Account, and take all further action against you it deems appropriate in its sole discretion if, in the opinion of Hungrrr:
(a) you have violated the terms of this Agreement;
(b) you have Misused the Site or Restaurant Portal, as further specified in Section 16 below, even if you are unaware of this Misuse; or
(c) a public authority requests we disable your Hungrrr account.
8.4 Hungrrr reserves the right to offer any refund as it deems necessary or appropriate in its sole discretion, and on a case-by-case basis. Hungrrr will attempt to process all cancellation requests and approved refunds within thirty (30) business days from the date of notice. Hungrrr will process the approved refund to the same credit card or PayPal account that was used for the original transaction.
The Member Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your Patrons (such activities, Your eCommerce). Hungrrr is not a party to, and is not liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
9.1 Taxes. You're solely responsible for: (a) all taxes and fees associated with Your eCommerce, including without limitation any taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required taxes to relevant government authorities; and (c) informing your Patrons of required taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
9.2 Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your Patrons.
9.3 Claims and Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce.
9.4 Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on your Restaurant Portal so that your Patrons can submit comments or complaints to you.
9.6 eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
9.7 eCommerce Suspensions. We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your account, your Restaurant Portal, or Your eCommerce, without any liability to you or to any Patrons, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you’re violating this Agreement.
9.8 eCommerce Payment Processors. To accept payments from your Patrons in connection with Your eCommerce, you may integrate your Restaurant Portal with third party payment processors (eCommerce Payment Processors). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any Patrons, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
10 SECURITY AND PASSWORDS
You are responsible for maintaining the security and confidentiality of your Hungrrr account and password details, providing Hungrrr with current and accurate account information, and all activity associated with your Hungrrr account. If you access the Site or Member Services from a mobile device, you are responsible for maintaining the security of your mobile device. You agree not to share your username or password with others and to choose a password that cannot be easily guessed by others. Hungrrr is not responsible for any consequences that may result from you sharing your username or password. If Hungrrr has reason to believe the security of your Hungrrr account or Restaurant Portal have been compromised, Hungrrr has the right to:
10.1 ask you to change your password; and/or
10.2 disable access to your Hungrrr account or Restaurant Portal. If this should occur, you will be alerted by a Member Email.
You must inform Hungrrr immediately if you have reason to believe your password has become known to others, or if the security of your username or password has become compromised in any way.
EACH CUSTOMER RESTAURANT ACKNOWLEDGES AND AGREES THAT (i) NEITHER HUNGRRR, MTC, NOR ANY OF THEIR AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED ACTIONS MADE USING ANY USER’S ID OR PASSWORD; AND (ii) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR Hungrrr ACCOUNT OR RESTAURANT PORTAL, AS APPLICABLE, OR YOUR EMAIL ADDRESS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH HUNGRRR, MTC, AND OTHER USERS.
11 CUSTOMER RESTAURANT SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type to the Site public areas (such as Site message boards, and blogs, testimonials, and user reviews (referred to as Public Areas) that infringe or violate any rights of any party, including your Patrons. By submitting communications or content to Public Areas, you agree that such submissions are non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to Hungrrr by email, (including through the email addresses listed on the Contact Us page) any communication or content that infringes or violates any rights of any party or this Agreement. If you submit any business information, idea, concept, feedback or invention to Hungrrr by email, you agree such submission is non-confidential for all purposes.
If you make any submissions to Public Areas or if you submit any business information, idea, concept feedback or invention to Hungrrr by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Hungrrr a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Hungrrr may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, feedback or inventions private or proprietary, do not submit them to Public Areas or to Hungrrr by email.
12 CUSTOMER RESTAURANT CONTENT
Customer Restaurants using the Member Services may provide us with content, including without limitation text, photos, images, audio, video, and any other materials (“Customer Restaurant Content”) to upload to the Restaurant Portal. Your Customer Restaurant Content stays yours, regardless if we upload it to your Restaurant Portal on your behalf. These Terms don't give us any rights to Customer Restaurant Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein. Your content will be handled as follows:
12.1 License Grant to Hungrrr. When you provide Customer Restaurant Content via the Member Services, or upload it to your Restaurant Portal, you: (i) grant to Hungrrr a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (ii) certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Hungrrr to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) agree to indemnify Hungrrr and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including legal counsel fees, arising from the media, or your failure to comply with the Terms and Conditions of Use, as applicable.
12.2 Featuring Your Restaurant Portal. Hungrrr may use in perpetuity, worldwide and free of charge, any version of your Restaurant Portal, or any portion thereof, for the limited purpose of Hungrrr’s marketing and promotional activities. For example, we may feature your Restaurant Portal on our Site, or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your Restaurant Portal, and any right of inspection or approval of any such use of your Restaurant Portal. If you don't want your Restaurant Portal featured, you can opt out at any time by contacting Customer Care at [[email protected]].
12.3 Customer Restaurant Responsibilities. You’re responsible for the content you publish on the Site and your Restaurant Portal, and you hereby acknowledge and agree to use your Customer Restaurant Content in accordance with the following rules:
(a) Only Use Content You’re Allowed To Use. You agree to only post or upload media including but not limited to photos, videos and audio that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. You represent that you own all rights to your Customer Restaurant Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Customer Restaurant Content via the Member Services. If we use your Customer Restaurant Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
(c) Customer Restaurant Content. Hungrrr does not review all of the Customer Restaurant Content made available via the Services or through Restaurant Portals. The Services may contain Customer Restaurant Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse Customer Restaurant Content provided therein, or that we believe such Customer Restaurant Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any Customer Restaurant Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from Customer Restaurant Content accessed via the Services.
(d) Protect Personal Information. You agree that you will not submit for publication on the Site or on your Restaurant Portal any media that contains personal information which may include the name, phone number, email address or web site URL of you, your Patrons, or of anyone else. Uploading media like images or videos of other people without their permission is strictly prohibited. By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
12.4 Hungrrr reserves the right to review all media, including Customer Restaurant Content, prior to submission to the Site or a Restaurant Portal and to remove any media for any reason, at any time, without prior notice, in our sole discretion.
13 RESTAURANT PORTALS
13.1 If you use your Restaurant Portal, you are solely responsible for your own communications, including your Customer Restaurant Content, the consequences of posting those communications, and your reliance on any communications found in the Restaurant Portal posted by you. Hungrrr is not responsible for the consequences of any communications in your Restaurant Portal. Hungrrr has no duty to pre-screen content posted on the Restaurant Portal by you or other users.
13.2 In consideration of access to use your Restaurant Portal, you agree that the following actions shall constitute a material breach of the Terms and Conditions of Use:
(a) using your Restaurant Portal for any purpose in violation of local, provincial, state, national, or international laws;
(b) posting material that infringes the intellectual property rights of others or the privacy or publicity rights of others;
(c) posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hungrrr in its sole discretion;
(d) posting chain letters or pyramid schemes;
(e) impersonating another person;
(f) distributing viruses or other harmful computer code;
(g) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
(h) engaging in any other conduct that restricts or inhibits any other person from using or enjoying any other Restaurant Portal or the Site, or which, in the judgment of Hungrrr, exposes Hungrrr or any of its members, users, customers, licensors or suppliers to any liability or detriment of any type.
14 MONITORING RESTAURANT PORTALS
14.1 Hungrrr reserves the right but is not obligated to do any or all of the following:
(a) record content posted on Restaurant Portals;
(b) investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
(c) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the Terms and Conditions of Use;
(d) terminate a user or member’s access to any or all Restaurant Portals and/or the Site upon any breach of the Terms and Conditions of Use;
(e) monitor, edit, or disclose any content in Restaurant Portals; and/or
(f) edit or delete any content posted on Restaurant Portals, regardless of whether such communication(s) violate the Terms and Conditions of Use.
Hungrrr shall have no liability or responsibility to users or members of Restaurant Portals, the Site and Services or any other person or entity for performance or non-performance of the aforementioned activities.
HUNGRRR DOES NOT MONITOR, CONTROL, OR SCREEN ANY INFORMATION, MATERIALS, OR CONTENT PUBLISHED BY CUSTOMER RESTAURANTS ON RESTAURANT PORTALS FOR THE PURPOSE OF PROTECTING PERSONAL INFORMATION. ANY PERSONAL INFORMATION YOU SHARE IN RESTAURANT PORTALS ARE NOT PRIVATE COMMUNICATIONS AND MAY BE READ BY ANY OTHER PATRON WITHOUT YOUR KNOWLEDGE. HUNGRRR HAS NO RESPONSIBILITY TO PROTECT ANY PERSONAL INFORMATION YOU SHARE ON YOUR RESTAURANT PORTAL AND HUNGRRR SHALL not be liable, directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with sharing personal information in Public Areas.
15 COOKIES AND WEB BEACONS
To enhance your experience with the Site and Services, Hungrrr reserves the right to use “cookies”. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell Hungrrr your email address or other personal information unless you choose to provide this information to Hungrrr. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the cookie.
“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Hungrrr may use web beacons on the Site or Restaurant Portals from time to time for this and other purposes.
In consideration of the availability, and your use of, the Site, Restaurant Portals, and Member Services, you agree to comply with all applicable laws and the Terms and Conditions of Use when using the Site, Restaurant Portals, and Member Services. You also agree that neither you, nor any person influenced by you, or any person acting under your direction, will:
16.1 use the Site, Restaurant Portals, or Member Services in such a way that violates applicable laws, licence agreements, copyright, or other intellectual property rights;
16.2 post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site, Restaurant Portals, or Member Services in a manner which is contrary to law or would serve to restrict or inhibit any other use from using or enjoying the Site, Restaurant Portals, or Member Services, or the Internet;
16.3 post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
16.4 use the Site, Restaurant Portals, or Member Services to commit illegal acts, “hack” the Site, Restaurant Portals, or modify or interfere with the Site, Restaurant Portals, or Member Services in any way.
Any of the above actions will constitute Misuse.
Any acts you commit, or cause to be committed, which, in the sole opinion of Hungrrr, intentionally expose the Site, Restaurant Portals, or Member Services to cyber threats such as viruses or hacking, increase the likelihood of a security breach, or cause or may cause any reputational harm to Hungrrr will also constitute Misuse. Hungrrr retains the right to take steps to identify and prevent Misuse of the Site, Restaurant Portals, or Member Services.
17 CUSTOMER RESTAURANT LIABILITY
You will be liable for any damage resulting from the following:
17.1 your Misuse of the Site, Member Services, and Restaurant Portals, as applicable;
17.2 your use of the Site, Member Services, and Restaurant Portals when it was the basis for someone taking legal action against Hungrrr for violations of applicable laws, license agreements, copyright or other intellectual property rights; or
17.3 your use of the the Site, Member Services, or Restaurant Portals resulted in others being unable to use the Site, Restaurant Portals, or Member Services properly, resulting in legal action against Hungrrr.
18 HUNGRRR LIMITATION OF LIABILITY
The use of the Site, Member Services and the Content is at your own risk.
When using the Member Services or Restaurant Portals information will be transmitted over a medium that may be beyond the control and jurisdiction of Hungrrr. Accordingly, Hungrrr assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or Restaurant Portals.
The Site, Restaurant Portals, Services and the Content are provided on an “as is” basis. HUNGRRR, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, HUNGRRR, its licensors, and its suppliers make no representations or warranties that the Site, RESTAURANT PORTALS, Services or Content will meet your needs, or about the accuracy, reliability, completeness, or timeliness of the Services and Content, software, text, graphics, links or communications provided on or through the use of the Site or RESTAURANT PORTALS. HUNGRRR does not warrant that the Site, RESTAURANT PORTALS, Services or Content are accurate, reliable or correct, that the Site or RESTAURANT PORTALS will be available at any particular time or location, that any defects or errors will be corrected or that the Site, RESTAURANT PORTALS, Services or Content are free of viruses or other harmful components. Further, nothing on the Site constitutes advice, nor should the Site or any part thereof, be relied upon in making, or refraining from making, any decision, LEGAL or otherwise.
Hungrrr is not liable for any losses you may suffer which result from any viruses, “Trojan Horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, or use of the Site, Restaurant Portals, Services or Content. Hungrrr is not liable for any losses you may suffer which result from any attack from third parties on your Hungrrr account, including your Restaurant Portal, Account Data or the Site.
In the event that you have a dispute with one or more PATRONS, HUNGRRR hereby disclaims and you hereby waive any recourse to or against HUNGRRR and agree to release and indemnify HUNGRRR and its directors, officers, employees, agents and third-party contractors and suppliers from and against any and all claims, demands, damages, losses, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or any breach of THE Terms and Conditions of Use.
You understand and agree that any material or data downloaded or otherwise obtained through the use of the Site, Restaurant Portal, or Member Services is done at your own discretion and risk and that Hungrrr will not be responsible for any damage or loss suffered by you as a result of the download or use of such material or data, including damage to your computer system or loss of data.
Under no circumstances will HUNGRRR, its licensors, its suppliers or any third parties mentioned on the Site be liable to you for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from use of or inability to use the Site, RESTAURANT PORTALS, Services or Content, whether based on warranty, contract, tort or any other legal theory, and whether or not HUNGRRR, its licensors, its suppliers, or any third parties mentioned on the Site has been informed in advance or ought reasonably to have known of the potential for such damages.
The entire liability of HUNGRRR, its licensors and its suppliers, and your exclusive recourse, in the event of any claim(s) for which the HUNGRRR parties or any of them may properly be held liable under this Agreement, regardless of the form of action or basis of liability (including statute, contract, tort, negligence, gross negligence, strict liability, breach of a fundamental term or fundamental breach), shall be limited in the aggregate (regardless of the number of claims), to the amounts paid by you to HUNGRRR. No legal action or proceeding arising out of this Agreement, regardless of form or basis in law, may be brought by you against HUNGRRR or any of the other HUNGRRR parties more than twelve (12) months after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known to, or ought reasonably to have been discovered by you. The limitation of liability provisions of this Agreement reflect any informed voluntary allocation of the risks (known and unknown) that may exist in connection with the performance by HUNGRRR of their respective obligations and responsibilities hereunder and such voluntary risk allocation represents a material part of the Agreement reached between you and HUNGRRR in respect of the Site, Services and Content.
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.
You agree to defend, indemnify, and hold Hungrrr, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and Conditions of Use.
20 FORCE MAJEURE
Hungrrr will not be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.
21 TRANSFER OF RIGHTS
You cannot transfer your rights or commitments arising from this Agreement to anyone. Hungrrr retains the right to transfer its rights or obligations arising from this Agreement to others without your consent.
You agree that sending an email to the email address associated with your Hungrrr account and Account Data will constitute effective notice. If you need to contact Hungrrr you can do so through the Site, and an email sent to the Hungrrr email address displayed on the Site will constitute effective notice. Notice will be effective once the email is sent, unless the party sending the email becomes aware that it was not deliverable.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST Hungrrr, its licensors, agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, Hungrrr) arising from or relating to the Terms and Conditions of Use, their interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre‑existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to the Terms and Conditions of Use), Hungrrr’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY according to the Alberta Arbitration Act R.S.A. 2000, c. A-43. The place of arbitration shall be Calgary, Alberta, Canada. The language of the arbitration shall be English. The arbitration will be limited solely to the dispute or controversy between the user and Hungrrr. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Hungrrr may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Services, Restaurant Portals, Content, or related features and databases. Hungrrr may also impose limits on certain Services and Content or restrict your access to parts or the entire Site or Restaurant Portals without notice or liability.
This Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. Subject to the Arbitration provision above, you agree to submit to the exclusive jurisdiction of the Courts of the Province of Alberta, and hereby waive the application of any conflict of laws or rules that would result in a different forum, including physical location, residence or domicile.
Hungrrr’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right.
The individual clauses of this Agreement are valid independent of each other and, should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated.
This Agreement was written in English and, in any legal dispute, this English version shall be legally binding.
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
I UNDERSTAND THAT IN ORDER TO USE THIS SITE AND SERVICES, I MUST ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS OF USE.