© eezly
TERMS OF USE 1. ACCEPTANCE The present document (“Terms of Use“) defines the terms and conditions governing: -access and use of the website (www.eezly.com) and the eezly mobile application (collectively or separately, the “Application“); and, -the purchase of products through the Application. 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 The order and/or sale of products through the Application is subject to the creation and maintenance of a customer account (an “Account“). If you choose to create an account, we will need some information, including personal information. When opening an Application Account, you are committed to providing current, complete and accurate information and updating it quickly if changes occur. You agree to promptly update your Account and any other information about you, including your email address and credit card expiry numbers and dates, so that we can complete your transactions and contact you if necessary. 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 The collection and use of personal information collected through the Application is governed by our Privacy Policy, available at https://www.eezly.com/privacy-policy/. 4. OWNERSHIP OF THE CONTENT OF THE APPLICATION, RIGHTS RESERVED AND GRANT OF A LIMITED LICENSE The Application consists of various content, including graphics, icons, buttons, videos, audio files, images, designs, texts, brands, source code, media clips, names or brands, software, as well as various restaurant menus and any other material (collectively, the “Application Content“), owned by us or used by us under license, if applicable. 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 To submit and complete an order, you must create an Account in the Application and provide or record a credit card to pay for your order. We use independent suppliers, including Moneris, to collect your payment card data and process your payments. The use of payment processing services is subject to the terms and conditions of use of these third party suppliers. When the order is delivered or picked up, you may have to show the payment card used for the order as well as photo identification, all of which is at the restaurant’s discretion. 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 We are not responsible for the accuracy of the description of the products offered by the restaurant partners on their menus. All product descriptions and related information including product availability, pricing and delivery offers are subject to change at any time without notice by the restaurant partner. 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 The satisfaction of our customers is a key value for eezly. This is why we invite you to contact us at hello@eezly.com if the products ordered are not to your satisfaction for any reason. 8. DISCLAIMER OF WARRANTIES The Application and all products provided to you through it are, unless expressly stated otherwise by us, provided without any other representation, warranty or condition of any kind, express or implied, being understood that eezly has no control over the products offered by the restaurant partner. We do not guarantee that the Application and your use of the Application will be continuous, safe or error free, 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 Except in cases of gross negligence or willful misconduct, eezly, its officers, directors, shareholders, employees and affiliates, will not be liable for any injury, loss, claim or damage of any kind, including, without limitation, loss of profits, revenues, savings, data, replacement costs or any other similar damage, whether based on contractual or extra-contractual liability, arising from your use of the Application or any product obtained through the Application, including, without limitation, any error or omission in any content, product or order and any loss or damage of any kind incurred as a result of using the Application or any content or product made available or obtained by using the Application. 10. PROHIBITED USES In addition to any other restriction and prohibition mentioned in these Terms of Use, you are prohibited from using the Application or its content to: (a) violate any applicable federal, state, provincial or local law, regulation or rule; (b) infringe or violate our intellectual property rights or the intellectual property rights of others; (c) upload or transmit any type of malicious code that will or may be used in a manner that will affect the functionality or operation of the Application or any other information resource; (d) extract or otherwise process content from the Application (web spidering, web crawling, web scraping, etc.); (e) interfere with, disrupt or take any action that imposes an undue load on the normal functioning of the Application, the networks and the infrastructure connected to it; (f) circumvent any Application security measures or any measure used to restrict access to the Application or parts of it; (g) for reverse engineering purposes or to disassemble, decompile or translate the site or any part of the Application; or (h) create any derivative work of any element of the Application). 11. THIRD PARTY CONTENT Some links on the Application may refer you to websites or applications operated by unaffiliated third parties, including the restaurant partner’s sites. These relationships are provided for informational purposes only without any approval, guarantee, representation or condition of any kind. 12. DIVISIBILITY If any provision of these Terms of Use is found to be unlawful, void or inapplicable, such determination shall not affect the validity and applicability of the other provisions, and such provision shall nevertheless be applicable to the full extent permitted by applicable law and the inapplicable portion shall be deemed to be separated from these Terms of Use. 13. TERMINATION These Terms of Use are in effect as long as you access and use the Application or maintain an Application Account. 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 The failure of any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any such right or provision. 15. APPLICABLE LAWS AND JURISDICTION These Terms of Use and any application transaction relating to any product or service are governed by and construed in accordance with the applicable laws of the Province of Québec, Canada. You agree to submit to the jurisdiction of the competent court sitting in the judicial district of Montreal, province of Quebec, any dispute relating to these Terms of Use. 16. MODIFICATIONS TO THE TERMS OF USE We reserve the right to change these Terms of Use at any time and we invite you to consult them frequently. The amendments and clarifications will be effective upon publication on the Application. If you disagree with any of the amendments to the Terms of Use in the future, you must delete your Account (if you have one) and stop using the Application. |
| ACCOUNTS, IDENTIFIERS AND ACCURACY OF INFORMATION |
| The order and/or sale of products through the Application is subject to the creation and maintenance of a customer account (an “Account“). If you choose to create an account, we will need some information, including personal information. When opening an Application Account, you are committed to providing current, complete and accurate information and updating it quickly if changes occur. You agree to promptly update your Account and any other information about you, including your email address and credit card expiry numbers and dates, so that we can complete your transactions and contact you if necessary. 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. |
| PERSONAL INFORMATION |
| The collection and use of personal information collected through the Application is governed by our Privacy Policy, available at https://www.eezly.com/privacy-policy/. |
| OWNERSHIP OF THE CONTENT OF THE APPLICATION, RIGHTS RESERVED AND GRANT OF A LIMITED LICENSE |
| The Application consists of various content, including graphics, icons, buttons, videos, audio files, images, designs, texts, brands, source code, media clips, names or brands, software, as well as various restaurant menus and any other material (collectively, the “Application Content“), owned by us or used by us under license, if applicable. 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. |
| ORDERS, RATES AND METHODS OF PAYMENT |
| To submit and complete an order, you must create an Account in the Application and provide or record a credit card to pay for your order. We use independent suppliers, including Moneris, to collect your payment card data and process your payments. The use of payment processing services is subject to the terms and conditions of use of these third party suppliers. When the order is delivered or picked up, you may have to show the payment card used for the order as well as photo identification, all of which is at the restaurant’s discretion. 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. |
| AVAILABILITY AND INACCURACIES |
| We are not responsible for the accuracy of the description of the products offered by the restaurant partners on their menus. All product descriptions and related information including product availability, pricing and delivery offers are subject to change at any time without notice by the restaurant partner. 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. |
| YOUR SATISFACTION |
| The satisfaction of our customers is a key value for eezly. This is why we invite you to contact us at hello@eezly.com if the products ordered are not to your satisfaction for any reason. |
| DISCLAIMER OF WARRANTIES |
| The Application and all products provided to you through it are, unless expressly stated otherwise by us, provided without any other representation, warranty or condition of any kind, express or implied, being understood that eezly has no control over the products offered by the restaurant partner. We do not guarantee that the Application and your use of the Application will be continuous, safe or error free, 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. |
| LIMITATIONS OF LIABILITY |
| Except in cases of gross negligence or willful misconduct, eezly, its officers, directors, shareholders, employees and affiliates, will not be liable for any injury, loss, claim or damage of any kind, including, without limitation, loss of profits, revenues, savings, data, replacement costs or any other similar damage, whether based on contractual or extra-contractual liability, arising from your use of the Application or any product obtained through the Application, including, without limitation, any error or omission in any content, product or order and any loss or damage of any kind incurred as a result of using the Application or any content or product made available or obtained by using the Application. |
| PROHIBITED USES |
| In addition to any other restriction and prohibition mentioned in these Terms of Use, you are prohibited from using the Application or its content to: (a) violate any applicable federal, state, provincial or local law, regulation or rule; (b) infringe or violate our intellectual property rights or the intellectual property rights of others; (c) upload or transmit any type of malicious code that will or may be used in a manner that will affect the functionality or operation of the Application or any other information resource; (d) extract or otherwise process content from the Application (web spidering, web crawling, web scraping, etc.); (e) interfere with, disrupt or take any action that imposes an undue load on the normal functioning of the Application, the networks and the infrastructure connected to it; (f) circumvent any Application security measures or any measure used to restrict access to the Application or parts of it; (g) for reverse engineering purposes or to disassemble, decompile or translate the site or any part of the Application; or (h) create any derivative work of any element of the Application). |
| THIRD PARTY CONTENT |
| Some links on the Application may refer you to websites or applications operated by unaffiliated third parties, including the restaurant partner’s sites. These relationships are provided for informational purposes only without any approval, guarantee, representation or condition of any kind. |
| DIVISIBILITY |
| If any provision of these Terms of Use is found to be unlawful, void or inapplicable, such determination shall not affect the validity and applicability of the other provisions, and such provision shall nevertheless be applicable to the full extent permitted by applicable law and the inapplicable portion shall be deemed to be separated from these Terms of Use. |
| TERMINATION |
| These Terms of Use are in effect as long as you access and use the Application or maintain an Application Account. 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. |
| NO WAIVER |
| The failure of any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any such right or provision. |
| APPLICABLE LAWS AND JURISDICTION |
| These Terms of Use and any application transaction relating to any product or service are governed by and construed in accordance with the applicable laws of the Province of Québec, Canada. You agree to submit to the jurisdiction of the competent court sitting in the judicial district of Montreal, province of Quebec, any dispute relating to these Terms of Use. |
| MODIFICATIONS TO THE TERMS OF USE |