TERMS OF USE -access and use of the website (www.eezly.com) and the eezly mobile application (collectively or separately, the “Application“); and, The Terms of Use incorporate by reference our Privacy Policy, and any other additional conditions appearing on the Application, constitute a contract between you (the user or the organization you represent) and eezly Technologies inc. (“eezly” or “we”), and govern your access and use of the Application. The Terms of Use apply and are binding on you, from the time you access the Application, to create a user account or order products. You represent and warrant that you are of the age of majority or that you are of the age of majority and that you consent to the use of the Application by any of your minor dependants, or that you have the authority to accept these Terms of Use on behalf of any organization that you represent. If you do not have the age, parental consent or authority to accept these Terms of Use or if you do not accept all of the provisions of these Terms of Use, you are not permitted to use the Application. 2. ACCOUNTS, IDENTIFIERS AND ACCURACY OF INFORMATION You are responsible for maintaining the confidentiality and securing the username, password and any other confidential information enabling access and use of your Account (the “Identifiers“). You are solely responsible for any access to and use of your Account with the Identifiers which will be deemed to have been made by you, and you agree that we are authorized to act in accordance with the instructions received on your Account without us having to question these or make further inquiries. If you find that your Identifiers have been compromised, you agree to change your password and notify us promptly if you identify a security risk. 3. PERSONAL INFORMATION 4. OWNERSHIP OF THE CONTENT OF THE APPLICATION, RIGHTS RESERVED AND GRANT OF A LIMITED LICENSE Each element of the Application, including, without limitation, all Application Content, is protected to the fullest extent permitted by applicable law, including, without limitation, copyright and trademarks. As a user of the Application, you are granted a limited, revocable, and non-sublicensable right of access and use to use the Application in accordance with these Terms of Use. Your use of the Application does not grant or transfer to you any property or other title, right or interest in the Application, the Application Content or any of the foregoing. 5. ORDERS, RATES AND METHODS OF PAYMENT All prices for the products offered and any applicable delivery charges are quoted in Canadian dollars and exclude applicable taxes. You have the option to update or abandon your order at any time before making your payment. However, once you have completed your order, you can no longer cancel it. When you complete your order, you authorize us to process your order payment with the credit card through the payment service provider. Once the payment has been confirmed, we will send you a notification that your order has been accepted. eezly offers no services related to the delivery of meals by the restaurant partners. Different delivery methods may be offered by the chosen restaurant partner, depending on certain conditions, including where or when you place your order. Considering that eezly does not make delivery, we do not in any way assume the delivery delays or delays associated with an order placed on the Application. eezly posts the options offered by the restaurant partner based on your information available when using our Application. Generally, the options that will be offered on an order via the Application will be counter pickup, home delivery directly by the restaurant partner or delivery by an independent third party. 6. AVAILABILITY AND INACCURACIES Occasionally, there may be information on the Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, images, promotions, offers, shipping charges, delivery times, availability or any other content of the Application. We reserve the right to update or change the products and content of the Application at any time, but we are under no obligation to do so. Without limiting the generality of the above: · We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders if information about the Application is inaccurate at any time without notice (including after you submit your order). · We have no obligation to update, change or clarify any information on the Application, including, without limitation, pricing information, except as required by law. No update or refresher date mentioned on the Application should be considered to indicate that all information on the Application has been modified or updated. · Prices for our products are subject to change without notice. 7. YOUR SATISFACTION We do not guarantee that the Application and your use of the Application will be continuous, safe or errorfree, or that the Application and your use of the Application will be available or can be made at any time. We reserve the right to change or discontinue the Application (or any part or content thereof) at any time without notice. We may also close or remove the Application for indefinite periods of time without notice. We are not responsible for any updates or changes (including, without limitation, updates or changes in posted prices or availability), suspensions or interruptions in the availability of the Application. 9. LIMITATIONS OF LIABILITY 10. PROHIBITED USES 11. THIRD PARTY CONTENT 12. DIVISIBILITY 13. TERMINATION You can terminate this agreement at any time by deleting your Account if you have one, or when you stop accessing or using the Application. If you subsequently access or use the Application, you will be deemed to have again accepted our Terms of Use, which apply to each access and use case. Notwithstanding anything herein contained, if, in our discretion, you do not comply with any of the provisions of these Terms of Use, we may terminate this agreement at any time and suspend or deactivate your Account if you have one, without notice. We may also deny you future access and use of the Application (or any part thereof). All obligations and liabilities of the parties incurred prior to the Termination Time will for all purposes survive. 14. NO WAIVER 15. APPLICABLE LAWS AND JURISDICTION 16. MODIFICATIONS TO THE TERMS OF USE |