TERMS OF SERVICE
THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE, APP OR SERVICE. THIS AGREEMENT IS BETWEEN YOU AND LET’S ORDER IN IF YOU ARE USING THE SERVICE IN CANADA. BY USING THIS WEBSITE OR THE APP, OR BY RECEIVING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES, INCLUDING THE SERVICE. THIS AGREEMENT MAY BE AMENDED OR UPDATED BY LET’S ORDER IN FROM TIME TO TIME WITHOUT NOTICE AND THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THIS AGREEMENT WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THE AGREEMENT AS AMENDED. ANY NEW FEATURES THAT MAY BE ADDED TO THE WEBSITE, THE APP OR THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THIS AGREEMENT AND ANY ADDITIONAL TERMS THAT MAY BE APPLICABLE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THIS AGREEMENT.
1. The Service
You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, Let’s Order In does not prepare the food or provide delivery services directly and will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to product/food quality or timely delivery.
By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In the case of ordering alcohol, you warrant that you are of legal age and are not buying such products for anyone below the legal age.
3. Processing Orders
Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive each merely indicate that your Order has been received and is being processed by us and does not necessarily mean that your Order has been accepted by the restaurant. We encourage all our restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a restaurant rejects your Order. However, restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that neither LET’S ORDER IN nor the relevant restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
4. Delivery of Orders
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Let’s Order In offers no guarantee that this time will be achieved. Let’s Order In is not responsible for any delays in receiving or having your Order ready for any reason.
If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. The right is reserved of vendors to require valid government-issued photo identification matching the name on the order and proving your age to the delivery driver, and that the recipient will not be intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the vendor then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discretion of the vendor.
5. Price and Payment
Prices will be as quoted on the Website or the App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website or App or through the Service by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not any member of LET’S ORDER IN, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. No member of LET’S ORDER IN controls or actively monitors User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will any member of the LET’S ORDER IN be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
7. Restrictions on User Content and Use of the Service
Let’s Order In reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website, App or Service you will not: 1. copy any content unless expressly permitted to do so herein; 2. upload, post, email, transmit or otherwise make available any material that: 1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; 2. You do not have a right to make available under any law or under a contractual relationship; 3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); 4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or 6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; 3. impersonate any person or entity or misrepresent their affiliation with a person or entity; 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization; 5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation; 7. collect or store personal information about other users or viewers; 8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or 9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
8. License of Content to Let’s Order In and other Users
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. LET’S ORDER IN will not be responsible or liable for any use of User Content in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
9. End User License
Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Let’s Order In and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to this Agreement, Let’s Order In grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in this Agreement gives you a right to use the Let’s Order In trademarks, logos, domain names, or other distinctive brand features without our prior written consent. You will not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App will be subject to the terms of this Agreement.
10. Apple App Store and Google Play Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using the App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from the Apple App Store or Google Play Store. You acknowledge and agree that: o This Agreement is concluded solely between the applicable Let’s Order In entity and you and not with Apple or Google, and the applicable Let’s Order In entity not Apple or Google, is solely responsible for the App and the content thereof. To the extent that this Agreement provides for usage rules for the App that are less restrictive or in conflict with the Apple App Store Terms of Service or Google Play Store Terms of Service, the more restrictive or conflicting Apple or Google term will take precedence and will apply; o Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. Let’s Order In is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you (if any) and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Let’s Order In’s sole responsibility; o Let’s Order In, not Apple and Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and o Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.
If you provide any member of LET’S ORDER IN with any suggestions, comments or other feedback relating to any aspect of the Website, App or Service (“Feedback”), any member of LET’S ORDER IN may use such Feedback in connection with the Website, App, Service or any other LET’S ORDER IN products or services (collectively, “Let’s Order In Offerings”). Accordingly, you agree that: (a) no member of LET’S ORDER IN is subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Let’s Order In, (c) any member of LET’S ORDER IN (including all of its successors and assigns and any successors and assigns of any of the Let’s Order In, may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Let’s Order In Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
By posting, uploading or transmitting any Feedback, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Feedback including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Feedback.
You are prohibited from posting, uploading or transmitting any Feedback that: o breaches any applicable local, national or international law; o is unlawful or fraudulent; o amounts to unauthorized advertising; or o contains viruses or any other harmful programs. In particular (but without limitation), any Feedback that you submit through the Website must not: o contain any defamatory, obscene or offensive material; o promote violence or discrimination; o infringe the intellectual property rights of another person; o breach any legal duty owed to a third party (such as a duty of confidence); o promote illegal activity or invade another’s privacy; o give the impression that they originate from us; or o be used to impersonate another person or to misrepresent your affiliation with another person. We reserve the right and have the sole discretion to remove or edit at any time any Feedback posted, uploaded or transmitted to the Website/App that we determine breaches a prohibition detailed above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
The Feedback contained on the Website/App is for information purposes only and does not constitute advice from us. Feedback reflects the opinions of customers who have ordered through the Website/App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, LET’S ORDER IN assumes no responsibility or liability to any person for any Feedback, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
You acknowledge and agree that the Website and App may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of LET’S ORDER IN will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
13. Links & Third-Party Websites
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Let’s Order In. In no event will any reference to any third party, or any third party product or service be construed as an approval or endorsement by any member of LET’S ORDER IN of that third party, third party product or third party service. LET’S ORDER IN is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that any member of LET’S ORDER IN endorses or accepts any responsibility for the content or use of such websites, and you hereby release LET’S ORDER IN from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
While Let’s Order In does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site that contains, posts or transmits any content that is prohibited under this Agreement. Let’s Order In reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” LET’S ORDER IN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LET’S ORDER IN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND NO MEMBER OF LET’S ORDER IN WILL BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. NO MEMBER OF LET’S ORDER IN WILL BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. NO MEMBER OF LET’S ORDER IN WILL BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF LET’S ORDER IN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY EVEN IF ANY MEMBER OF LET’S ORDER IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF EACH MEMBER OF LET’S ORDER IN TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID LET’S ORDER IN, IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17. Force Majeure
LET’S ORDER IN will not be liable or responsible for any failure to perform, or delay in performance of, any Let’s Order In’s obligations under this Agreement that is caused by events outside of the reasonable control of Let’s Order In (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: o strikes, lockouts or other industrial action; o civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; o fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; o impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; o impossibility of the use of public or private telecommunications networks; and o the acts, decrees, legislation, regulations or restrictions of any government. Let’s Order In’s performance under this Agreement is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
Let’s Order In may, under certain circumstances and without prior notice, for any reason whatsoever, immediately terminate your ability to access the Website, App or the Service or any portion thereof or this Agreement. Cause for such termination will include, but not be limited to, (a) breaches or violations of this Agreement or any other agreement that you may have with Let’s Order In (including, without limitation, non-payment of any fees owed by you to Let’s Order In), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical, security or legal issues or problems, or (e) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by Let’s Order In, in its sole discretion and that LET’S ORDER IN will not be liable to you or any third-party for any termination of your access or for the removal of any of the materials uploaded by you to the Website. Any termination of this Agreement by Let’s Order In will be in addition to any and all other rights and remedies that Let’s Order In may have.
19. Availability & Updates
Let’s Order In may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Let’s Order In may periodically add or update the information and materials on this Website without notice.
While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and LET’S ORDER IN will not be liable to you if the Website is unavailable at any time or for any period.
Information sent or received over the Internet is generally unsecure and Let’s Order In cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. No member of LET’S ORDER IN will be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about this Agreement or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: email@example.com
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