TERMS OF USE

 

CLICKDISHES INC. OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.CLICKDISHES.COM (“WEBSITE”) AND THE CLICKDISHES APPLICATION (THE “CLICKDISHES APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE CLICKDISHES APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“USERS” / “YOU”).

 

BY USING THE WEBSITE, SERVICE AND/OR THE CLICKDISHES APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE CLICKDISHES APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY CLICKDISHES FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

 

IN ORDER TO USE THE APP, YOU WILL BE REQUIRED TO CREATE AN ACCOUNT AND PROVIDE CERTAIN INFORMATION, INCLUDING PERSONAL INFORMATION. ALL PERSONAL INFORMATION THAT YOU PROVIDE WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE APP, WEBSITE OR SERVICES.

 

THESE TERMS OF USE CONTAIN IMPORTANT TERMS ABOUT YOUR USE OF THE SERVICES, INCLUDING LIMITATIONS OF OUR LIABILITY FOR YOUR USE OF THE SERVICE. PLEASE TAKE A FEW MOMENTS TO READ THESE TERMS CAREFULLY FROM START TO FINISH BEFORE USING THE APP AND/OR SERVICE.

 

1. The Service. Clickdishes allows users to order and pay for take out(the “Grab & Go Service”) at restaurants that use our services (“Restaurants”) directly from your mobile device. For Grab & Go, the service will notify you, via your mobile device, when your order is ready and all you have to do is collect your meal from the restaurant.You must turn location services on to use the App and see nearby Restaurants (the “Service”).

 

FOR GREATER CLARITY CLICKDISHES IS NOT A RESTAURANT AND WILL NOT BE FULFILLING THE ORDERS. CLICKDISHES ACTS AS AN INTERMEDIARY BETWEEN THE RESTAURANTS AND THE USER. THE PROVISION OF THE TAKE OUT OR DINE IN ORDER IS SUBJECT TO AN AGREEMENT ENTERED INTO BETWEEN YOU AND THE RESTAURANT, TO WHICH CLICKDISHES IS NOT A PARTY. CLICKDISHES DO NOT CONTROL AND CANNOT BE RESPONSIBLE FOR THE CONDUCT OF THE RESTAURANTS. CLICKDISHES DISCLAIMS ALL LIABILITY FOR ANY OF THE FOOD PREPARED OR ANY ACT OR OMISSION BY THE RESTAURANTS. SEE “DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS” AND “LIMITATION OF LIABILITY” BELOW FOR MORE INFORMATION.

 

2. User Accounts. In order to access the Service, you must have a valid mobile number, be a registered user and have downloaded the Clickdishes App to a personal mobile device. You can register for an account either by logging in through your Google, Apple or Facebook account, or by creating a manual account by providing your email address, name and password. If you login through Facebook, we will access and collect information from your public profile, including your name, profile image and email address. If you log-in through your Google account, we will collect your email address, your public profile and name.If you log-in through your Apple account, we will collect your name and email address. If you create a manual account, in addition to providing your name and email address you will be required to provide a password. All activity that occurs on your account is your sole and exclusive responsibility and we will not be liable for any activity occurring on your account, including without limitation unauthorized activity by a third party. Accordingly, please choose a strong password and do not share it with any other person. If you discover or suspect your account has been compromised, please notify us immediately.

 

3. User Profiles. Once you have registered for the Service, you will be able to create a user profile. In order to provide the Services to you, we require your phone number and email.If you want to place orders via the App we will also require payment information such as a valid credit card.

 

4. Dietary Notes. You may list dietary restrictions and notes on your user profile. 

 

5. Device Permissions. To use the Service, you must allow the Clickdishes App to send push notifications and access your location services on your personal mobile device. If you want to host a party, as further described in placing orders below, you must share your contacts on your mobile device with Clickdishes.

 

6. Placing Grab & Go Orders. To place a Grab & Go order, simply open the Clickdishes App and select the Restaurant. You will see the Restaurant menu and offerings (“Menu”) and you can place an order from the menu and pay for the product you have purchased. Upon payment you will receive a receipt for your order from the Restaurant. When your order is ready, the Restaurant will notify you via your mobile device, and you can go collect your order.

 

7. Placing Dine In Orders. When you arrive at the Restaurant, one user will scan a QR Code (“Check In”) and the party will take a table. Provided you have shared your contacts with the App, as the Host you can invite Guests to join your party via the App. The Host and the Guests place their orders on the App. When you place an order, the Restaurant will also receive any special request for both the Host and the Guests, if any. If you order alcohol, the Restaurant may verify your age before serving you. When your order is ready, the Restaurant brings your order to your table. 

8. Changing Orders. If you need to change a “Grab & Go” order after placing it, you will have to contact and communicate directly with the restaurant. Once you have submitted your Order and your payment has been authorized, you will not be entitled to cancel your Order, nor will you be entitled to a refund.

 

9. Rating Restaurants. You can rate Restaurants on the App. When you give a rating, your user name, star rating and comments will be visible by all Users of the Service on the Restaurant page. [3] [5]

 

10.Payments. In order to make in-App purchases, you must provide valid credit card information to the App. All payment information is submitted via a secure connection to our payment processor, Stripe. Accordingly, the use of your credit card information and other payment information is governed by the terms of the Stripe Terms of Use and Stripe Privacy Policy which you should review. All payments must be made at the time you place your “Grab & Go” order. [6] [7] [8] Once a payment has been processed you will receive You will receive an email receipt from ClickDishes.

 

11.No Refunds. In general, it is not the Clickdishes policy to provide refunds if you are dissatisfied with your order. We may, in our sole discretion provide a refund in certain circumstances, provided that the Restaurant also agrees to the refund. [9] [10]

 

12.Taxes. The prices for the goods listed on the Website are exclusive of tax. Accordingly, Users are responsible for the payment of all taxes applicable to the purchases made via the App, including, without limitation, provincial sales taxes and value added taxes and any other applicable local, municipal, provincial or federal taxes, tariffs, levies or duties payable in respect of the products purchased via the App.

 

13.Fraudulent Transactions. We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity. If You challenge a transaction or payment, You agree that You will assist us in complying with any laws and card or financial institution rules or policies

 

14. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Clickdishes, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Clickdishes does not control or actively monitor 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 Clickdishes 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. ClickDishes allows users to suggest restaurants on our App. The suggest address, menus and pricing information are found on publicly available resources and listed for menu preview purpose only. For restaurant owners, claiming your business on our app and joining our platform is easy. Email us to get started at help@clickdishes.com.

 

15. Restrictions on User Content and Use of the Service. Clickdishes 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 these Terms of Use, 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, Clickdishes App and/or Service You shall not:

 

• copy any content unless expressly permitted to do so herein;

 

• upload, post, email, transmit or otherwise make available any material that:

 

• 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;

 

• You do not have a right to make available under any law or under a contractual relationship;

 

• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights)

 

• 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;

 

• 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 userʼs privacy; or

 

• 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;

 

• impersonate any person or entity or misrepresent their affiliation with a person or entity;

 

• 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;

 

• 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;

 

• intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

 

• collect or store personal data about other users or viewers; 

 

• license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Clickdishes App;

 

• modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Clickdishes App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or

 

• register for the Service on behalf of a group or corporate entity.

 

You also agree not to access the Website in a manner that utilizes the resources of the Website 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.

 

16.License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a nonexclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Clickdishes will not be responsible or liable for any use of User Content in accordance with these Terms. 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.

 

17.End User License. Except for User Content, the Clickdishes App, this Website, and the information and materials that it contains, are the property of Clickdishes and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Clickdishes 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 Application on a mobile device that you own or control for your use (the “License”). The Clickdishes App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Clickdishes names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, upgrade, modification, enhancement or other addition to functionality of the Website or Clickdishes App shall be subject to the terms of these Terms.

 

18. Feedback. If You provide Clickdishes with any suggestions, comments or other feedback relating to any aspect of the Website, Clickdishes App and/or Service ("Feedback"), Clickdishes may use such Feedback in the Website or in any other Clickdishes products or services (collectively, "Clickdishes Offerings"). Accordingly, You agree that: (a) Clickdishes is not 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 Clickdishes, (c) Clickdishes (including all of its successors and assigns and any successors and assigns of any of the Clickdishes Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Clickdishes Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Clickdishes or any of the other users of the Website in respect of the Feedback.

 

19. Equipment. You shall be responsible for obtaining access to the App and acknowledge that such access may involve third-party fees (such as Internet service provider access, data fees or calling rates). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the App. It is your responsibility to ascertain whether any information or materials downloaded from the App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

 

20. Links & Third-Party Websites. This App (including Restaurant Menus and Userʼs Restaurant ratings) may contain links to other websites that are not owned or controlled by Clickdishes. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Clickdishes of that third party, third party product or service. Clickdishes is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the App of a link to any other website(s) does not imply that Clickdishes endorses or accepts any responsibility for the content or use of such websites, and You hereby release Clickdishes from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

 

21. Disclaimer of representations, warranties and conditions. The website, service, clickdishes app and all materials provided therein are provided "As is." clickdishes 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 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 items, products, goods or services you purchase through the app, anything you consume from an in-app purchase, damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Clickdishes 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, including the restaurants, through the website 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 clickdishes shall not be a party to any transaction that you may enter into with any such third party, including the restaurants, except as expressly set forth herein. Clickdishes will not be liable for any type of content exchanged by means of the service.

 

22. Limitation of liability. Under no circumstances shall clickdishes be liable for any 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, clickdishes 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 including without limitation food or alcohol related illnesses, allergic reactions and any act or omission of the restaurants, 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 clickdishes app, or (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. These limitations shall apply even if clickdishes has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, clickdishesʼ liability 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 cad) or (b) amounts youʼve paid clickdishes in the month preceding the date the claim arose (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

 

23. Indemnification. You shall indemnify and hold clickdishes and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use.

 

24. Termination. Clickdishes may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Clickdishes (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Clickdishes), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Clickdishes in its sole discretion and that Clickdishes shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Clickdishes shall be in addition to any and all other rights and remedies that Clickdishes may have.

 

25. Availability & Updates. Clickdishes may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Clickdishes App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Clickdishes may periodically add or update the information and materials on this Website without notice. Security[11] [12] . Information sent or received over the Internet is generally unsecure and Clickdishes 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. Clickdishes will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

26. General. This Agreement is governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to conflicts of laws. In the event of any dispute arising under these terms of use, the parties hereby agree to the exclusive jurisdiction of the Courts of the Province of Alberta. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website, the App and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Clickdishes. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Clickdishes to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Clickdishes must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Clickdishesʼ prior written consent. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Clickdishes App or Service, please contact us at: help@clickdishes.com.

 

Effective Date: Jan 13 2021