Last Updated: March 22, 2017
Important Legal Notice
This Terms and Conditions agreement represents an ongoing legally binding contract between you and Foodicus Inc. (Fast2eat) that concerns your access to and use of the fast2eat.com website. Please read the following Terms and Conditions carefully before ordering any products from our Website.
For information on advertising or promoting your restaurant through Fast2eat, visit the Contact Us page.
Introduction and our Role
Foodicus Inc. is a company registered in Ontario, Canada whose registered office is at 80 Aberdeen St. Suite 100 Ottawa ON K1S 5R5.
Fast2eat provides a way for you to communicate your orders to Pick-up; Delivery; Pre-order with priority dine-in, In restaurant mobile ordering and Catering to restaurants (“Food Vendors”), displayed on http://fast2eat.com (“Website”). This Website allows users to order meals for dine-in, pick-up or delivery from a variety of Food Vendors.
You may access some areas of the Website without making a Fast2eat order, and registering your details with us. Most areas of the Website are open to everyone.
Applicability & Acceptance of These Terms and Conditions
You should understand that by viewing, using, accessing, browsing, or submitting any content or material on the Website, you ACCEPT AND AGREE to be bound by these Terms and Conditions as a binding legal agreement between you and Fast2eat, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website.
If you do not agree to these Terms and Conditions, then you may not use the Website. Fast2eat reserves the right modify, change or discontinue all or any part of the Terms and Conditions listed on this Website at any time with or without prior notice. When such a change is made, we will update the “Last Updated” date above.
You agree that each visit you make to the Website shall be subject to the then-current Terms and Conditions, and continued use of the Website now or following modifications in these Terms and Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
Your account and Password
Use of Website services requires that you register and/or create an account (“Account”) or use the Website as a guest. Before purchasing products through this website, users will have to open an account. Such an account is for a users’ personal use only. To register and create an Account, you must select a valid email account and password and provide certain personal information.
In consideration of the use of the Website’ services, you agree to: (a) provide Fast2eat with truthful, accurate and pertinent information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete Fast2eat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Fast2eat has the right to refuse any and all current or future use of the Website (or any portion thereof). Users are liable for any incorrectness pertaining to such information.
It is users’ obligation to ensure that any information that is provided in the process of creating an account or ordering products through this website is not exposed to others. You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. In the case where information is exposed, Fast2eat cannot be held liable for any potential damages. Users are responsible for all information provided and all acts and omissions that occur while their user code is used. Users are therefore responsible for any activity that takes place during the use of their personal user code. Fast2eat is not responsible for any breach of security of any user code. You agree to (a) immediately notify Fast2eatof any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Fast2eat will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. Fast2eat reserves the right to revoke or modify user codes at any time without prior notice. Fast2eat will not be liable for any unauthorised transaction entered into using your name and password.
Fast2eat grants you permission (which may be revoked at any time for any reason or no reason) to view the Website and to download, email, share via social networking or print individual pages from the Website in accordance with these Terms and Conditions and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, licence, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Website, except as specifically noted above. Except as specifically authorized by Fast2eat, you may not deep-link to the Website for any purpose or access the Website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website. Fast2eat reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from Fast2eat. You may like or follow Fast2eat or share links to the Website via social networking technology reference on the Website. Any rights not expressly granted herein are reserved.
You agree that your use of the Website and/or services on the Website is subject to all applicable local, provincial and federal laws and regulations.
You also agree:
- to comply with Canada law and local laws or rules regarding online conduct and acceptable material, not breaching any applicable local, national or international law;
- not to be unlawful or fraudulent;
- not to use the Website or its services or submit content to the Website if you are under the age of 12. Terms and Conditions apply to individuals over the age of twelve. Parents and guardians must ensure that children under the age of twelve do not use this website. If you are under the age of twelve, please leave this website immediately. Fast2eat does not knowingly collect information from individuals under the age of twelve. If Fast2eat nevertheless discovers that it has obtained information from an individual under such age, Fast2eat will make all reasonable efforts to delete such information from its databases;
- not to use the Website to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
- not to access the Website or services using a third-party’s account/registration without the express consent of the account holder;
- not to use the Website for illegal purposes;
- not to commit any acts of infringement on the Website or with respect to content on the Website;
- not to contain any defamatory, obscene or offensive material;
- not to promote violence or discrimination;
- not to use the Website to engage in commercial activities apart from sanctioned use of Fast2eat services;
- not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or on-line;
- not to infringe the intellectual property rights of another person;
- not to breach any legal duty owed to a third party (such as the creation of works for hire or a duty of confidence);
- not to promote illegal activity or invade another’s privacy;
- not to amount to unauthorised advertising and not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
- not to attempt to gain unauthorized access to other computer systems from or through the Website;
- not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not misuse the Website (including by hacking); and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked Website (including those of our restaurant partners).
The prohibited acts listed above are non-exhaustive. Fast2eat in its sole discretion, reserves the right to review, edit and/or remove any Submissions. Notwithstanding the foregoing, you hereby agree to defend, indemnify and hold harmless Fast2eat and its licensors and their respective affiliates and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your Submissions, and/or your breach any of the restrictions listed above.
Fast2eat will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of these Website Terms.
Nature of User Material
No user shall knowingly impair any other user experience as it pertains to Fast2eat Prohibited users activity include, but not limited to: criminal torturous activity such as fraud, trafficking obscene material, gambling, stalking, spamming, copyright infringement, patent infringement, theft of trade secrets, advertising to or solicitation of any user to buy or sell any product or service, systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory, making any unauthorized use of Fast2eat services such as collecting usernames and/or email addresses of users, transmitting chain letters or junk email to other users, using any information obtained from this website to contact, advertise, solicit, or sell any product or service to any user, engaging in any automated use of the system such as using scripts to add friends or send comments or messages or using any data mining, robots or similar data gathering and extraction tools, interfering with, disrupting, or creating an undue burden on this website or the networks or services connected to the website, attempting to impersonate another user or person, using the username of another user, selling or otherwise transferring your profile, using any information obtained from this Website in order to harass, abuse, or harm another person, using Fast2eat service as part of any effort to compete with Fast2eat, attempting to bypass any measures of this Website designed to prevent or restrict access to any portion of this website, harassing, annoying, intimidating or threatening any Fast2eat employees or affiliates, displaying an advertisement, or accepting payment from a third party in exchange for performing any commercial activity on or through this Website, not abiding by Fast2eat copyrights; and using this website in a manner inconsistent with this Terms and Conditions and applicable laws and regulations.
You agree not to create any Submission that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website;
- advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Website, including, but not limited to, negative reviews posted by competing restaurants or allegations of health code violations;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is inappropriate for minors to view;
- links to any commercial or other websites; and/or
- is not otherwise in compliance with these Terms and Conditions.
User Representations and Warranties
Each time you provide a Submission to the Website, you represent and warrant that you have the right to provide such Submission, which means:
- you are the author of the Submission, or
- the Submission is not protected by copyright law, or
- you have express permission from the copyright owner to use the Submission in connection with the Website; and
- you have the right to grant Fast2eat the licence set out in these Terms and Conditions;
- for restaurant review Submission(s), you have had first-hand experience with the subject restaurant; and
- your use of the Website and Submission(s) do not violate these Terms and Conditions.
User Material and Licence
Unless otherwise stated, the copyright and other intellectual property rights in the Website and in any and all material published on it (including without limitation photographs and graphical images) (collectively, the “Website Materials”) are owned by Fast2eat or Fast2eat’s Restaurants, Food vendors, Food Centres or other licensors. The Website Materials are protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada and world-wide, and all rights therein are reserved. For the purposes of these Website Terms, any use of the Website Materials other than in accordance with this Section is prohibited.
You acknowledge and agree that the Website contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms and Conditions without advance, written permission of Fast2eat. Any information and/or materials contained on this website is the sole property of Fast2eat and may only be used in accordance with Fast2eat’s Terms and Conditions. This website and its content are protected by applicable copyright, patent, trademark and other intellectual property laws. All information obtained by users as the result of the use of this website, in its direct or modified form, constitutes part of Fast2eat intellectual property. No one can resell, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, disseminate, modify, redistribute, decompile, reverse engineer, dissemble or convert any information and/or materials obtained from this website. This website cannot be used in any matter that is harmful to the operations of Fast2eat and/or any of its stakeholders. All Website design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Website are © Fast2eat, all rights reserved.
Disclaimer of Responsibility for Material
While Fast2eat tries to ensure that information on the Website is correct and current, we do not promise it is always accurate, current or complete. This website may contain certain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other pertinent information. Fast2eat reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice. Fast2eat shall take all appropriate measures to correct known errors, inaccuracies or omissions within a reasonable timeframe. See any typographical errors? Please, contact us at firstname.lastname@example.org
Fast2eat may make changes to the material on this website, or to the services and prices posted on this website, at any time without notice. Fast2eat does not represent or warrant that the information provided by the restaurants through this website such as fast2eat.com: menu content, product description, available products, pricing, hours of operation, estimated order preparation times, product/service availability, parking accessibility and restaurant information is accurate, complete, reliable, current, error-free or up to date. In addition, any details provided by the Restaurants such as heat and allergenic warnings or special standards are provided to Fast2eat by Restaurants. Fast2eat is not responsible for any misinformation. All information provided by the Restaurants is subject to change without notice.
Although users are provided with the address of the restaurant, Fast2eat is not responsible for its accuracy. Once the restaurant has received and confirmed the order, Fast2eat is not liable for restaurants’ products and actions pertaining to users order. In addition, Fast2eat is not responsible for the quality of the goods and services rendered by the restaurants.
Submissions are not endorsed by Fast2eat, and do not represent the views of Fast2eat or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Fast2eat does not control all Submissions, and disclaims any responsibility for such Submissions. Fast2eat specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Fast2eat does not warrant that the Website or any Website content will be uninterrupted or error-free, that defects will be corrected or that the Website or the web server hosting the Website will be free of viruses or other harmful components. Fast2eat assumes no responsibility or liability for any errors or omissions in the content of the Website. While Fast2eat does not charge you for using its services and does not add any additional charges (other than sales taxes and delivery) to the menu items it receives from its participating restaurants, Fast2eat offers some restaurant menus via other services. The price shown on the menu may include a markup by those services. See a menu discrepancy? Please contact us at email@example.com
By registering or placing an order through this website, users consent to receive e-mails, phone calls, SMS messages and/or any other means of communication necessary in order to keep users informed about the state of their order and their Account status. Any communication from Fast2eat shall be deemed to have been received by the user immediately after it has been sent. Users are responsible for keeping all means of communication with Fast2eat current and shall be held liable for any damages that may arise if users do not comply.
Additionally, by registering or placing an order with us, you are consenting to receive commercial e-mail from us. If you do not wish to receive commercial email from us, you may send us an e-mail to firstname.lastname@example.org and we will remove your name from the e-mail list.
Prices will be as quoted on the Website. These prices will have applicable taxes applied at checkout but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of takeout), where applicable.
All menu prices are listed in Canadian dollars. Pricing of products on this website is subject to change without notice. Applicable taxes are added during the check-out period. Fast2eat at its own discretion may grant credits applicable to purchases of goods made through this Website.
This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. In the event that the checkout price and the price posted on this website are different, the checkout price will prevail. Users agree to pay all fees and charges incurred for products purchased through this website. If the correct price for an order is higher than the price stated on the Website Fast2eat will normally contact you before the order in question is dispatched. Fast2eat is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
Orders and Payments
Payment for all orders must be by PayPal, credit or debit card as stated on the Website. Fast2eat accepts major credit cards as means of payment. Users acknowledge that they are authorised to use the credit card that they provide to Fast2eat Prior to the purchase of any products through this website, users must provide Fast2eat with a valid credit card number and pertinent information such as credit card holder name, credit card number, credit card type, the date of credit card expiration and any activation numbers or codes needed to charge the card. In the event that Fast2eat is not able to charge provided credit card, users will be declined the right to purchase any goods or services through this website. If any goods or services have already been provided, users agree to pay all amounts in full upon demand by Fast2eat The method of payment is evaluated on a case by case basis.
Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund, unless otherwise specified herein.
In the event that you have a complaint about the quality of food or service provided by the restaurants on this Website then any compensation should be sought directly from the restaurant. Fast2eat is not able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought. All complaints must be lodged initially with the restaurant and, where appropriate, the restaurant’s own complaint procedures followed before Fast2eat is able to respond to a complaint.
Once the order has been submitted to the restaurant there is no way to change it or cancel it. All sales are final unless order problems/issues are confirmed with our restaurant partners or otherwise determined by Fast2eat at its sole discretion, to be actionable. If you make a mistake in your order and contact us immediately, before your pick-up time has passed, we will give reasonable effort to sort out your order.
If the food was really bad quality, that is the restaurant’s responsibility and it’s always better to give them a call instead. Very often they will be happy to offer you a discount or some kind of compensation if they know you were not satisfied with your food. There is unfortunately nothing Fast2eat can do regarding compensations for the quality of food. We also have a rating system on Fast2eat that allows you to express your opinion about the restaurant as well as checking the other users’ feedback before placing the order.
Use of automated systems
Users agree not to use or launch any automated system including, but not limited to; “robots”, “spiders” and “offline readers” that access Fast2eat website. Fast2eat grants operators of public search engines the right to use spiders and to copy information from this website when creating publicly available searchable indices, but not caches or archives of the data. Users will not reverse engineer, de-compile or reverse compile any of Fast2eat technology, including any software or Java applets associated with this website. Users agree not to collect or harvest any information from other users for any purposes.
Links to and from other Websites
Links to third party websites, including websites of our Restaurants, (“Third Party Websites”) on the Website are provided solely for your convenience. Terms and Conditions do not apply to any interaction with Third Party Websites. Some of these Third Party Websites may be affiliated with Fast2eat while others are not. Fast2eat is not responsible for the contents of any Third Party Websites pages created and maintained by organizations independent of Fast2eat. If you use these links to Third Party Websites, you will leave this Website. Visiting any such Third Party Websites pages is at your own risk. Fast2eat neither owns nor controls third party websites accessible through this website, nor can it guarantee the accuracy, completeness, or timeliness of information in Third Party Websites pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such Third Party Websites pages do not constitute or imply an endorsement by Fast2eat. By using the Website you acknowledge that Fast2eat is not liable for any information provided by users through Websites and/or information gathered by such Websites. Third Party links are accessed by users at their own risk and Fast2eat makes no representations or warranties in any form of the Third Party links content.
You may link to the Website homepage from a website owned by you, provided that you do so in a fair and legal way which does not damage Fast2eat’s reputation or take advantage of it. Fast2eat is not required to compensate you in any way for linking to the Website.
You must not establish a link to the Website from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Fast2eat where none exists.
The website from which you link to the Website must comply with the content standards set out in these Website Terms.
Fast2eat has the right to withdraw the linking permission at any time and for any reason, in its sole discretion.
Termination and Modifications to the Website
Fast2eat reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website and/or services offered on or through the Website (or any part thereof), including but not limited to the Website’s features, look and feel, and functional elements and related services.
Fast2eat may terminate or suspend (at our absolute discretion) your right to use the Website and your use of the Services immediately by notifying you in writing (including by email) if Fast2eat reasonably believes you have breached any of these Website Terms and Conditions.
Upon termination or suspension of your right to use the Website, you must immediately destroy any downloaded or printed extracts from the Website.
You agree to defend, indemnify and hold Fast2eat, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from and against any loss, liability, threatened or actual any claim, demand, or damage (whether direct, indirect, or consequential), costs and expenses, including reasonable attorneys’ fees, made by anyone in connection with your use of the Website, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Website, your violation of these Terms and Conditions, and any other acts or omissions relating to the Website.
Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE WEBSITE (WHETHER PROVIDED BY FAST2EAT, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAST2EAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PROPOSE TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
FAST2EAT WEBSITE IS TO BE USED BY USERS AT THEIR OWN RISK. FAST2EAT DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. FAST2EAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT. FAST2EAT IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING AS A RESULT OF: ANY ERRORS, MISTAKES OR INACCURACIES OF THIS WEBSITE’S CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USERS ACCESS OF THIS WEBSITE, ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND ANY THEFT OF USERS PERSONAL AND/OR FINANCIAL INFORMATION, ANY INTERRUPTION OF FAST2EAT SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES AND SO FORTH THAT MAY RESULT FROM THE USAGE OF THIS WEBSITE, ANY ERRORS OR OMISSIONS BY FAST2EAT DURING THE COMMUNICATION WITH USERS AND ANY ERRORS OR OMISSIONS DURING THE ACCESS OF THIS WEBSITE.
PLEASE NOTE THAT THE LEGAL CONTRACT FOR THE SUPPLY AND PURCHASE OF FOOD AND BEVERAGES IS BETWEEN YOU AND THE RESTAURANTS THAT YOU PLACE YOUR ORDER WITH AND NOT WITH FAST2EAT. ANY WARRANTIES OR UNDERTAKINGS WITH RESPECT TO FOOD AND BEVERAGE QUALITY OR DELIVERY TIMES SHALL BE PROVIDED TO YOU DIRECTLY BY THE APPLICABLE RESTAURANTS. FAST2EAT CANNOT GIVE ANY UNDERTAKING THAT THE FOOD AND BEVERAGES ORDERED FROM RESTAURANTS THROUGH THE WEBSITE WILL BE OF SATISFACTORY QUALITY AND ANY SUCH WARRANTIES ARE DISCLAIMED BY FAST2EAT. NEITHER CAN FAST2EAT GIVE AN UNDERTAKING THAT THE ESTIMATED DELIVERY AND TAKEOUT TIMES STATED ON THE WEBSITE ARE ACCURATE. THESE DISCLAIMERS DO NOT AFFECT YOUR STATUTORY RIGHTS AGAINST THE RESTAURANTS.
IN NO EVENT SHALL FAST2EAT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF FAST2EAT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. FAST2EAT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. FAST2EAT ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD PARTY WEBSITES PAGES OR ADDITIONAL WEBSITES LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FAST2EAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO FAST2EAT OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND FAST2EAT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND FAST2EAT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt or use of data, content, products and/or services through the Website, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
Jurisdiction, Applicable Law, and Limitations
This website is created and controlled by Fast2eat in the Province of Ontario. You agree that these Terms and Conditions will be governed by and construed in accordance with the laws and regulations of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of law provisions. If you are accessing this website from a different jurisdiction, please be advised that you are transferring your Personal Information to us in Canada, and by using this Website, you consent to such a transfer and to abide by applicable laws. Any person accessing this Website from any jurisdiction with laws or regulations governing the use of the internet that may be different from those mentioned above may only use this Website in a manner that is lawful in their jurisdiction. If the use of this Website is unlawful in your jurisdiction, you cannot use this Website. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ontario.
If any portion of these Terms or Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.
All Terms and Conditions in this contract are cumulative. Terms and Conditions will be binding upon you and your executors, heirs, successors and assigns. The Terms “including” and “includes” as used in this document are intended to identify some, but not all, examples relevant to the subject matter. Fast2eat may assign this Terms and Conditions, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with Fast2eat, or pursuant to a merger, consolidation, change of control or corporate reorganization.
Violations to this agreement
Fast2eat reserves the right, but does not have the obligation to, among others: to verify if there are any violations to this agreement, take legal action against anyone who violates this Terms and Conditions, to refuse or restrict access to any user who violates these Terms and Conditions, to remove any content from Fast2eat website, to terminate any user’s account with or without specific reason, to manage Fast2eat website and to block certain IP addresses from accessing this Website.
While Fast2eat tries to ensure the Website is normally available twenty four (24) hours a day, Fast2eat shall not be liable if the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice.
Unfortunately, the transmission of information via the Internet is not completely secure. Although Fast2eat will take steps to protect your personal information and other information you transmit to us, Fast2eat cannot guarantee the security of the data transmitted to the Website and any and all transmission of information is at your own risk.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Fast2eat is not liable for damages or losses caused directly or indirectly as a result of events beyond its control. Such events include but are not limited to natural disasters, fires, floods or other catastrophes, acts of God, civil or military authority, civil disturbances, acts of war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, illegal strikes, lock-outs or other industrial action, theft. All of Fast2eat obligations with respect to the effected elements under these Terms and Conditions will be suspended for the duration of such events and necessary time to take corrective action.
Headings & Construction
The section titles in the Terms and Conditions are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms and Conditions shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will continue to apply.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
If you have questions regarding Fast2eat’s use, please contact us by phone at +1 (613)-366-7094, by email at email@example.com or by mail at 303 Serena Way – Ottawa ON K2G 4P5.
Acceptance of These Terms and Conditions