Terms and Conditions of the RESTAURANT’s website and mobile application
Last revised: March 21, 2024
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
If you continue to browse and use this website you agree to comply with and be bound by the following terms and conditions governing the relationship between you and THE RESTAURANT regarding this site.
THE TERMS AND CONDITIONS HEREIN APPLY TO THE USE OF THE WEBSITE (the “SITE”), THE MOBILE APPLICATION (THE “MOBILE APPLICATION”), RESTAURANTS (“the RESTAURANT”), INCLUDING ALL CONTENT AND SERVICES ONLINE THEREIN (THE SITE AND MOBILE APPLICATION WILL COLLECTIVELY HEREAFTER THE “APPLICATION”).
For IPHONE, IPAD AND OTHER DEVICES USING THE IOS OPERATING SYSTEM (“APPLE APPLICATIONS”); AND FOR THE DEVICES USING OTHER OPERATING SYSTEMS (“OTHER APPLICATIONS”). BY ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE, DO NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION AND DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RESTAURANT (“AGREEMENT”). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF THE RESTAURANT.
ELIGIBILITY OF USE
THE APPLICATION MUST ONLY BE USED BY PEOPLE AGED FOURTEEN (14) YEARS OR OVER. IF YOU ARE FOURTEEN (14) YEARS OR OVER, BUT HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU NEED TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN BEFORE CONTINUING TO MAKE SURE YOUR PARENT OR GUARDIAN AND YOU UNDERSTAND THE AGREEMENT. IF YOUR PARENT OR GUARDIAN DO NOT RECOGNIZE OR NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND STOP USING IT. IF YOUR AGE IS BETWEEN 14 AND AGE OF MAJORITY, YOU CAN USE THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.
RIGHTS LICENSE, INSTALLATION AND USE
You are responsible for ensuring that your device meets all the technical specifications necessary to enable you to access the application and use. You receive a personal, non-exclusive, non-transferable license to install and use the APPLICATION on mobile devices that belong to you or that you control personally under these TERMS. Licenses for Apple applications are granted for use on a device that belongs to you or that you control and are equipped with Apple’s operating system, iPhone OS. You must ensure that you use a suitable device to access any Apple application in order to use it. Other applications can only be used on a device that belongs to or that you control yourself and with the operating system for which the other application in question was designed. You cannot install or use the APPLICATION on a device that is not yours or that you do not control. The APPLICATION is provided for legitimate use only and is protected by applicable laws and treaties on intellectual property. Modification or use of the APPLICATION otherwise violates the rights of intellectual property of the RESTAURANT. The APPLICATION is licensed and is therefore not sold. All rights to the Application are and remain the exclusive property of the RESTAURANT and/or its licensors. Nothing in these Terms is designed for you to transfer any of these rights or to invest in one of them. You are only authorized limited use of the APPLICATION, which is granted by these TERMS. You will not take steps to interfere with, limit or jeopardize the rights of the RESTAURANT and/or one of its licensors. All costs associated with downloading, installation, access and use of the APPLICATION are your responsibility and depend on your mobile service provider.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for all activity on your account. You agree to immediately notify the RESTAURANT of any unauthorized use of your account or password or any other security breach. You agree and you are responsible for providing accurate information when you provide your account details and you ensure that your account details are up-to-date. You are solely responsible for controlling the dissemination and use of your password, controlling access and use of your account, and informing the RESTAURANT when you want to cancel your account or unsubscribe from electronic communication in all of its forms. The RESTAURANT will not be liable for any loss or damage arising from your violation of this provision.
RESTRICTIONS ON USE
Follow the rules of road safety. Each time you use the APPLICATION, you must respect road safety codes as well as all rules and regulations that apply. YOU SHOULD NOT USE THE APPLICATION WHILE YOU ARE DRIVING OR DRIVING A MOVING VEHICLE THAT IS NOT IN PARKING MODE. For safety reasons, at any time, you should use the APPLICATION only when permitted and safe to do so.
You cannot decompile, reverse engineer, disassemble, or otherwise convert or allow any third party to decompile, reverse engineer, disassemble or otherwise convert the APPLICATION in a form perceptible to humans; make copies of the APPLICATION; distribute or republish, upload, post or transmit the APPLICATION in any way whatsoever; resell, rent, lease or lend the APPLICATION; or transfer the APPLICATION or these TERMS to any third party. If you download software from the APPLICATION, the software, including any files, images, contained in or generated by the software, and data related thereto (together, the “SOFTWARE”) are deemed granted under license by the RESTAURANT or its licensors, if any.
You are NOT allowed to use the APPLICATION to: obtain unauthorized access to the RESTAURANT, including, without limitation, to use this APPLICATION to interrupt, destroy or limit the functionality of the APPLICATION, the RESTAURANT’s servers and/or network; undertake an unlawful or illegal activity; launch automated systems such as “robots,” “spiders,” etc.; impersonate any person or misrepresent your identity; and/or violate the rights or threaten the safety of any person. Possible evidence of use of this APPLICATION for these reasons will be provided to the police authorities and are subject to production of documents required by law.
COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION
Collection
You agree that the RESTAURANT may collect and use technical data about your device, software of your system and the APPLICATION, and peripherals. All technical data is gathered periodically to facilitate the provision of software updates and support related to the APPLICATION.
So that the RESTAURANT can better address your preferences, by using the APPLICATION, you accept and agree that THE RESTAURANT, and/or its affiliates and third party partners may collect, use and transmit the information you provide using the APPLICATION, and other information that identifies you personally collected through your use of the APPLICATION or specifically provided by you when you use the APPLICATION through registering for an account with the RESTAURANT, or otherwise provided ( “PERSONAL INFORMATION”) to facilitate the improvement and delivery of products, offers, promotions, other services or technologies, and advertising content.
You agree and consent to the RESTAURANT and its third party partners using your information to provide products, offers, promotions, or other customized services or technologies, and advertising content. Your personal information will only be used in accordance with the privacy policy of the RESTAURANT.
Location information: With your consent, we may collect location information through your use of the APPLICATION, including locating information collected through geolocation capabilities, GPS, Bluetooth and similar capabilities of your mobile phone or your device (“LOCATION INFORMATION”). The objective of collecting location information is to identify restaurants that are the closest to your immediate location and effectively use the features of the APPPLICATION. We collect only the location information, if you agree, through a membership option, to receive some features of the APPLICATION (during the initial download of the APPLICAITON for a login or later session) and by enabling these capabilities on your mobile device. Once the membership is accepted, the APPLICATION will continue to collect location information until you close the APPLICATION (location information will continue to be collected if the APPLICATION works in the background ) or if you change the settings of your phone or other device to disable geolocation capabilities, GPS or Bluetooth, or similar capabilities, or you change the settings of your phone or other device to prevent the
APPLICATION to collect your location information. The RESTAURANT considers location information as personal information.
Information on the use of the APPLICATION: When you use the APPLICATION, information about how you interact with and use the APPLICATION may be collected automatically (“INFORMATION ON THE APPLICATION’S USE”). To the extent that the INFORMATION ON THE APPLICATION’S USE identifies you as an individual, THE RESTAURANT considers this personal information.
Personal information gathered: The way you use our application which you frequent our restaurants is important to us. We can therefore gather and compile personal information with information about other purchases you make at restaurants The RESTAURANT and any other personal information that you have agreed to provide us (“AGGREGATED PERSONAL INFORMATION”).
Use
PERSONAL INFORMATION, LOCATION INFORMATION, INFORMATION ON THE APPLICATION’S USE, and AGGREGATED PERSONAL INFORMATION (collectively “AUTHORIZED INFORMATION”) are used for purposes such as improving the functionality and features of our APPLICATION to answer your requests and messages, to conduct research on behavior and/or consumer interests, to improve our services or products, and to provide you with information about our offers and special promotions in our restaurants.
Disclosure
The RESTAURANT can share AUTHORIZED INFORMATION with its affiliates, agents, business partners, franchisees and other third parties in the following ways:
The RESTAURANT may disclose information about authorized when you visit our restaurants, products that you view and that you share the most frequently, and which parts of our restaurants you visit the most; The RESTAURANT may disclose AUTHORIZED INFORMATION to provide certain commercial services and communicate only AUTHORIZED required for commercial services to be provided. The RESTAURANT can disclose AUTHORIZED INFORMATION if required by law or if we believe in good faith that such action is necessary to (i) comply with legal obligations, (ii) to protect or defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the APPLICATION or general public, or (iv) to protect us against liability.
Storage and transfer of information
The RESTAURANT can store all the information we collect (authorized or otherwise) in databases owned and maintained by us, our subsidiaries, our suppliers, our franchisees, our agents or our service providers. These databases can be stored in Canada or abroad. Using our
APPLICATION, you consent to the storage and transfer of your authorized information and other information as described above.
Limiting the collection of information
You cannot use the APPLICATION without providing personal information. You can limit the personal information we collect by uninstalling the APPLICATION, turning it off or preventing it from using geolocation capabilities, Bluetooth or similar capabilities of your mobile device. However, if you take such measures that may prevent you from using certain features or aspects of the APPLICATION.
Links to other websites and/or other applications
The APPLICATION may contain references, links or interactions to websites that are not operated when controlled by us (“THIRD-PARTY SITES”). The policies and procedures we describe herein are not applicable to THIRD-PARTY SITES and these sites may independently collect information about you. The RESTAURANT assumes no responsibility regarding the policies to protect personal information and gathering information from these THIRD-PARTY SITES and we recommend that you contact the providers of these sites directly for information on their privacy policies.
Contact privacy
All questions and all concerns about the privacy of your personal information should be directed to the registered address available on our website. You can also reach us by phone number on our website five (5) days per week, Monday to Friday, 8 a.m. to 5 p.m. (EST).
SENDING ORDERS TO RESTAURANTS
This section applies to orders placed by the APPLICATION where this service is offered. Please read this section before sending an order to restaurants using the APPLICATION.
Each restaurant is owned and managed by an independent company: Although there may be a parent company that operates and controls the APPLICATION, it is not responsible for the restaurant operations. Most restaurants are owned and operated by independent owners. Some restaurants are operated by subsidiaries of the parent company (such subsidiaries are collectively called “RESTAURANTS”). Each restaurant is fully and independently responsible for its legal and regulatory compliance with respect to any problem related to the supply of products to you and any issues related to employment in the restaurant.
Orders: The purpose of ordering is to offer customers a convenient way that allows them to create an order for products in advance and submit by registering at a participating restaurant. Before you order, you can create an account in the APPLICATION. Before submitting an order, you must register a credit card (a “PAYMENT CARD”) on which your order payments will be applied. For the order to be submitted, you may need to enable location services on your device.
Registering your payment method: The RESTAURANT and RESTAURANTS rely on the services of independent suppliers to save your credit card (Visa and/or MasterCard) and process RESTAURANT payments. You understand and agree that when you register a PAYMENT CARD, the RESTAURANT or its independent providers can verify the validity of the registered PAYMENT CARD. You also understand and agree that when placing an order at a RESTAURANT, the RESTAURANT will be the merchant. To pick up your order at the counter or during delivery, you must present the credit card used for payment as well as a photo ID. These identity documents are essential in order to receive your order. Restaurants reserve the right not to provide or deliver orders to anyone who would not have these documents. YOU WARRANT THAT YOU HAVE REACHED THE SUFFICIENT AGE AND HOLD ALL THE LEGAL RIGHTS TO USE ALL PAYMENT CARDS YOU REGISTER.
Buying products directly from restaurants: When you order, you submit orders directly to a participating RESTAURANT and the contract for the supply of products will be concluded between you and the RESTAURANT that accepts your order. The restaurant where you pick up your products is responsible for preparing the products and providing them to you.
About the products in the APPLICATION: All products are subject to availability at the RESTAURANT where you collect your order. Some RESTAURANTS do not serve all products. The images of the products and packaging that appear in the APPLICATION are shown as examples only and may not be identical to products or packages you receive from a RESTAURANT. The differences may be due to the color display of your device or to factors, such ingredients used, the supplier, the area where the restaurant is located, and the season of the year.
About the prices in the order: Each RESTAURANT applies the prices determined by the network as they are shown in the ordering feature and then applies any taxes and additional costs required by law. Some offers and some prices may not be available on all orders at all locations. If you discover an error in the price of a product you are charged, please contact the RESTAURANT where you purchased the product to request a refund for the difference in price.
Costs of application and order processing: Orders are processed through a third-party service developed and powered by UEAT. In many cases, the APPLICATION’S fees and shipping costs may be due and charged by a third party that offers a SERVICE that is different from the service provided by the RESTAURANT. UEAT offers an independent service that the customer can choose to use to place an order in a more friendly and faster environment. In all cases, you can choose whether to use the UEAT ordering feature to place an order at a RESTAURANT. If you do not wish to pay the fee for use of the APPLICATION’S ordering feature, you can always place your order by phone or in person.
For information and/or questions regarding the service provided by UEAT.io, you should refer to its website and terms of use and sale by clicking on the following link: https://ueat.io/fr/conditions-generales-de-vente/ Creating, confirming and sending your order to a RESTAURANT: You can use the APPLICAITON to create your order and send it to a participating RESTAURANT you choose. You only make your purchase when you submit your order to a RESTAURANT. Your credit card will not be charged until you have sent your order to a RESTAURANT. Orders must be collected in person at the RESTAURANT or through a delivery service.
Registering to a RESTAURANT and making purchases: You can register at any participating RESTAURANT, even if you choose a different RESTAURANT than where you created your order. You only make your purchase when you submit your order to a RESTAURANT.
Revised order total when registering: Order totals may be revised when registering due to changes in products, prices, taxes or other fees required by law because you selected a different participating RESTAURANT than the original RESTAURANT you chose. The revised order total can also result from the non-availability of some products, price changes or other reasons.
Payment of your order: You only make your purchase when you submit your order to a RESTAURANT. When you complete your order, you allow the restaurant to process your total order (if updated, the revised total of your order).
The restaurant’s payment service provider will process the total amount of your order (it is updated, the revised total amount of your order) to the credit card you chose when you created your order. You may receive a notification in the APPLICATION’S ordering feature informing you that the RESTAURANT has accepted and started to prepare your order. The products belong to you once you have picked them up or received them.
Canceling your order, refunds and your consumer rights: You can update or cancel your order at any time before confirming your payment on the RESTAURANT’s website. However, once you have made the payment, you will not be able to cancel it. If you wish to be reimbursed for any reason, particularly if the products were not satisfactory or for other reasons, please contact the RESTAURANT where you purchased the product for a refund. Your legal rights in this regard are not affected by any of these TERMS.