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EATSONDEMAND

EATS ON DEMAND PLATFORM TERMS OF SERVICE
Last Updated: September 1, 2024 PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EASTERN OBSESSION INC. (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF EATS ON DEMAND’S WEBSITE LOCATED AT WWW.EATSONDEMAND.COM, WWW.EATSONDEMAND.IO, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS EATS ON DEMAND MOBILE APPLICATIONS (THE “EATS ON DEMAND PLATFORM APP”) (TOGETHER, THE EATS ON DEMAND PLATFORM APP AND THE WEBSITE CONSTITUTE THE “EATS ON DEMAND PLATFORM”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE EATS ON DEMAND PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE EATS ON DEMAND PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE EATS ON DEMAND PLATFORM, USERS WHO DOWNLOAD THE EATS ON DEMAND PLATFORM APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE EATS ON DEMAND PLATFORM AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE EATS ON DEMAND PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER,” “YOU,” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING THE EATS ON DEMAND PLATFORM OR THE EATS ON DEMAND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE EATS ON DEMAND PLATFORM AND THE EATS ON DEMAND SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES, OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT EATS ON DEMAND’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT EASTERN OBSESSION INC., INCLUDING EATS ON DEMAND, IS NOT A VENDOR OR COURIER NOR IS EATS ON DEMAND RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS. BY ACCESSING, BROWSING, AND USING THE EATS ON DEMAND PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE EATS ON DEMAND PLATFORM OR EATS ON DEMAND SERVICES OR ANY OF THEIR CONTENT OR SERVICES. IMPORTANT NOTICE: SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY EASTERN OBSESSION INC. IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Eats on Demand will make a new copy of the Terms of Service available on the Eats on Demand Platform. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account, we may also send an email to you at the last email address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the Eats on Demand Platform. Eats on Demand may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Eats on Demand Platform and/or the Eats on Demand Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Eats on Demand Platform and/or the Eats on Demand Services. Otherwise, your continued use of the Eats on Demand Platform and/or Eats on Demand Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE EATS ON DEMAND PLATFORM TO VIEW THE MOST CURRENT TERMS. I. GENERAL TERMS 1. Eats on Demand Parties a. If you are accessing or using the Eats on Demand Platform outside of the United States, these Terms of Service form an agreement between you and Eastern Obsession Inc. (“Eats on Demand”), a company incorporated under the laws of Canada. For non-U.S. Users, use of the terms “Eats on Demand,” “us,” “we,” or “our” means Eastern Obsession Inc. b. If you are accessing or using the Eats on Demand Platform within the United States, these Terms of Service form an agreement between you and Eastern Obsession Inc. For U.S. Users, use of the terms “Eats on Demand,” “us,” “we” refers to Eastern Obsession Inc. c. Eastern Obsession Inc., its affiliates, officers, directors, and employees, are referred to in these Terms of Service as the “Eats on Demand Group.” For the avoidance of doubt, the Eats on Demand Group does not include any third parties such as Vendors and Couriers (as such terms are defined in Section 2 of Part I) offering goods or services through the Eats on Demand Platform. 2. Users and Applicable Legal Terms a. Definition of Users. The Eats on Demand Platform facilitates the ordering by consumers/end users of the Eats on Demand Platform ("Customers") of food, drinks, and other products (collectively "Goods") offered by restaurants and store owners through the platform ("Vendors") and the delivery of such Goods through independently contracted couriers who are users of the Eats on Demand Platform (the "Couriers"). Collectively, Customers, Vendors, and Couriers constitute "Users" of the Eats on Demand Platform and these Terms of Service apply to all Users. b. Eats on Demand Privacy Policy. Please note that important information about Eats on Demand’s practices on the collection, use, and disclosure of Users’ personal information submitted via the Website or the Eats on Demand Platform App is governed by our Privacy Policy, the terms of which are incorporated into these Terms of Service. Please see further: Eats on Demand Privacy Policy. c. Additional Terms for Vendors and Couriers. In addition to these Terms of Service and the Privacy Policy, Vendors and Couriers are subject to additional terms agreed upon in separate agreements with Eats on Demand in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Service and the separate agreement you have with Eats on Demand, the terms of the separate Eats on Demand agreement will govern. d. Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Service. Vendors may have additional privacy policies or statements that govern their practices in collecting, storing, using, and disclosing your Personal Information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Eats on Demand that you have familiarized yourself and agree with those privacy policies or statements imposed by any Vendor with whom you elect to deal through the Eats on Demand Platform. e. Additional Terms for All Users. Voucher Terms and Contest Rules are addressed in Part III of this Terms of Service. f. Eats on Demand Platform User Code. The Eats on Demand Social Code applies equally to all Users. Eats on Demand may from time to time implement additional guidelines and codes of conduct for use of the Eats on Demand Platform and Customer Services. Any such terms will be notified to Users and will be incorporated by reference into these Terms of Service. g. Additional Terms and Conditions for Eats on Demand Platform App Users. To the extent that the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the Eats on Demand Platform App if downloaded from the Apple App Store or the Google Play Store.
The Eats on Demand Platform may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). The following additional terms and conditions apply to you if you are using an Eats on Demand Platform App. You acknowledge and agree that: These Terms of Service are entered into between you and Eastern Obsession Inc. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the Eats on Demand Platform App. The applicable Eats on Demand party, not Apple or Google, is solely responsible for the Eats on Demand Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the Eats on Demand Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If Eats on Demand fails to conform to any applicable warranty, you may notify the download service provider used to obtain the Eats on Demand Platform App and they will refund the purchase price (if any) of the Eats on Demand Platform App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the Eats on Demand Platform App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the Eats on Demand Platform App and Eats on Demand, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is Eats on Demand’s responsibility. You and us both acknowledge that Eats on Demand, not the download service provider used to obtain the Eats on Demand Platform App, is responsible for addressing any end-user or third-party claims related to the Eats on Demand Platform App, including, but not limited to: (a) product liability claims, (b) any claim that the Eats on Demand Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the Eats on Demand Platform App or your possession or use of the Eats on Demand Platform App infringes on that third party’s intellectual property rights, as between Eats on Demand and the download service provider used to obtain the Eats on Demand Platform App, the Eats on Demand Platform App will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties. h. Eats on Demand Rewards. If you use the Eats on Demand Platform as a Customer, you will be deemed to have accepted the Eats on Demand Rewards Terms (i) when you request that we create an Eats on Demand Account for you if you do not yet have an Eats on Demand Account when this version of the Terms of Service comes into effect, or (ii) when this version of the Terms of Service comes into effect or otherwise becomes binding on you if you already have an Eats on Demand Account at that time. 3. Eats on Demand Accounts a. Accurate Information. You represent and warrant that all information supplied by you on the Eats on Demand Platform (including information provided by you to create an account for use of the Eats on Demand Platform (an "Eats on Demand Account")) or in connection with your use of the Eats on Demand Services is true, accurate, current, and complete. b. Security of Eats on Demand Accounts. Any Eats on Demand Account must be kept secure and you agree that you will not share or disclose your Eats on Demand Account credentials with anyone. No members of the Eats on Demand Group will be liable for any loss or damage arising from your failure to safeguard your Eats on Demand Account, use a strong password, or limit its use to your Eats on Demand Account. You may browse some of the Eats on Demand Platform without creating an Eats on Demand Account. c. Discretionary Access to Eats on Demand Accounts. Eats on Demand reserves the right to deny your request for an Eats on Demand Account (including usernames) and to disable or terminate access to any Eats on Demand Account (including usernames) issued to you at any time in Eats on Demand’s sole discretion. If Eats on Demand disables access to an Eats on Demand Account issued to you, you will be prevented from accessing the Eats on Demand Platform or the Eats on Demand Services, your Eats on Demand Account details, Orders, or other information that is associated with your Eats on Demand Account. d. Suspension, Term, Termination, and Deletion of Eats on Demand Accounts. We may suspend or terminate your ability to access the Eats on Demand Platform, or cease providing you with all or part of the Eats on Demand Services at any time for any or no reason, including if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Eats on Demand Services to you is no longer commercially viable. Suspension or termination may also include the removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Eats on Demand Platform, or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Eats on Demand in its sole discretion and that no members of the Eats on Demand Group will be liable to you or any third party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Eats on Demand Platform. Any suspension or termination of this Agreement by Eats on Demand will be in addition to any and all other rights and remedies that Eats on Demand may have. e. Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Eats on Demand Account be deleted, ceasing use of the Eats on Demand Platform, the Eats on Demand Services, and uninstalling and removing all local software components thereof, if any. If you request deletion of your Eats on Demand Customer Account, we may disable your Eats on Demand Customer Account but keep the disabled Eats on Demand Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination of these Terms of Service at any time by requesting by email (or any then-available interface on the Eats on Demand Platform) that your Eats on Demand Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Eats on Demand Platform. 4. Licensed Access to The Eats on Demand Platform and Permitted Use a. Subject to your compliance with these Terms of Service, Eats on Demand hereby grants you a personal, revocable, non-exclusive, and non-transferable license to use the Eats on Demand Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are: • For Customers, you may use the Eats on Demand Platform to view menus provided by Vendors, create an account, place orders, and pay for Goods (including the delivery of Goods). You may also use feedback features of the Eats on Demand Platform to rate, post comments, ratings, and reviews on Goods, Vendors, and Couriers (as applicable); • For Vendors, you may create an account and use the Eats on Demand Platform to manage the offer and fulfillment of Orders; and • For Couriers, you may create an account and use the Eats on Demand Platform to manage and fulfill requests for deliveries of Orders. (i)-(iii) constitute the "Permitted Use" as applicable for a specific type of User. b. Reservation of Rights. Eats on Demand retains the right, at its sole discretion, to deny access to anyone to the Eats on Demand Platform or the Eats on Demand Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the Eats on Demand Platform or Eats on Demand Services immediately upon request by Eats on Demand. c. Geographic Application of the Eats on Demand Platform. The Eats on Demand Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Eats on Demand Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law. d. Changes to the Eats on Demand Platform. Eats on Demand reserves the right to change or allow a third party to change any information, material, or content (including, but not limited to, price, features, availability of Goods, menus, Vendors, posting and rating/reviews of Vendors) contained on or provided through the Eats on Demand Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content includes the User Content (as defined below). 5. No Unlawful or Prohibited Use You may not, without Eats on Demand's prior written permission, use the Eats on Demand Platform, the Eats on Demand Services, or any Content (including other Users’ User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Eats on Demand Platform and/or the Content to: • "frame", "mirror" or otherwise incorporate the Eats on Demand Platform, the Eats on Demand Services, or the Content or any part thereof on any commercial or non-commercial website; • access, monitor, or copy any part of the Eats on Demand Platform, the Eats on Demand Services, or the Content using any robot, spider, scraper, or other automated means or any manual process for any purpose without Eats on Demand’s express written permission; • violate any laws; • violate the restrictions in any robot exclusion headers on the Content or the Eats on Demand Platform or bypass or circumvent other measures employed to prevent or limit access to the Eats on Demand Services or the Eats on Demand Platform; • remove (or permit anyone else to remove) any watermarks, labels, or other legal or proprietary notices included in the Eats on Demand Platform or the Content; • modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Eats on Demand Platform, or any Vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Eats on Demand Platform; • forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted to or through the Eats on Demand Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity; • attempt to, assist, authorize, or encourage others to circumvent, disable, or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Eats on Demand Platform or the Eats on Demand Services; • copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license, or circulate in any form any part of the Eats on Demand Platform or the Content; • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Eats on Demand Platform; • create derivative works based on the Eats on Demand Platform, the Eats on Demand Services, or the Content, in whole or in part, or decompile, disassemble, reverse engineer, or otherwise exploit any part of the Eats on Demand Platform, the Eats on Demand Services, or the Content; • use or access the Eats on Demand Platform in a manner that violates the rights (including, but not limited to, contractual, intellectual property, or proprietary rights) of any third party; or • upload to or transmit through the Eats on Demand Platform any information, images, text, data, media, or other content that is offensive, harmful, tortious, hateful, obscene, defamatory, or violates any laws or is otherwise objectionable, in each case as determined by Eats on Demand in its sole discretion. 6. Intellectual Property Terms a. Content and Intellectual Property • Eats on Demand Content and Intellectual Property Rights. The Eats on Demand Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Eats on Demand and protected by copyright, trademark, and other intellectual property laws ("Eats on Demand Content"). Eats on Demand expressly reserves all rights in the Eats on Demand Platform and all materials provided by Eats on Demand in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title, and interest in the Eats on Demand Platform, all materials provided by Eats on Demand in connection with these Terms of Service (including the Eats on Demand Content), and any update, adaptation, translation, customization, or derivative work thereof, and all intellectual property rights therein will remain with Eats on Demand (or third-party suppliers or licensors, if applicable), and that the Eats on Demand Platform and all materials provided by Eats on Demand hereunder are licensed and not "sold" to you. • User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted to the Eats on Demand Platform by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of the Eats on Demand Group, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available on the Eats on Demand Platform. Eats on Demand may monitor User Content from time to time, but Eats on Demand does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will any members of the Eats on Demand Group be liable in any way for any User Content, including 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 Eats on Demand Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Eats on Demand Privacy Policy, and all other User Content will be considered non-confidential. • User-Related Content. Eats on Demand may collect data, information, records, files, material, or other content from your local computer (including mobile) system or from third parties with your permission, and (in each case) including all results from processing such data, including compilations and derivative works thereof ("User-Related Content"). You grant to the Eats on Demand Group a perpetual, transferable, irrevocable, royalty-free, worldwide, and sublicensable license to access, collect, store, and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Eats on Demand Privacy Policy. User-Related Content is not considered confidential or proprietary. b. User Content License to Eats on Demand. By submitting, posting, or displaying User Content on or through the Eats on Demand Platform or otherwise to Eats on Demand, you grant the Eats on Demand Group a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display, and otherwise use User Content, in whole or in part. You further grant Eats on Demand the right (although Eats on Demand does not have the obligation) to pursue at law any person or entity that violates your or Eats on Demand’s rights in the User Content by a breach of these Terms of Service. 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. For the avoidance of doubt, Eats on Demand has no obligation to post or display any User Content on the Eats on Demand Platform. c. Use of Eats on Demand Content and User Content by other Users. You may only use Eats on Demand Content and other Users' Content (e.g., menus provided by Vendors) for the applicable Permitted Use. If you print extracts from the Eats on Demand Platform for your own personal, non-commercial use, you must not modify the digital or paper copies of such materials or use any graphics, pictures, photographs, or videos separately from any accompanying text. d. Terms on Submissions/Feedback and Other User Content • Creating Submissions and Other User Content. Through the capabilities of the Eats on Demand Platform, you may be able to provide ratings/reviews, suggestions, or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content), you represent and warrant that you will not post or transmit to or from the Eats on Demand Platform any material or content that does or may: • Breach any applicable local, national, or international law; • Be unlawful or fraudulent; • Amount to unauthorized advertising; • Contain any defamatory, obscene, or offensive material; • Promote violence or discrimination; • Infringe the intellectual property rights of another person; • Breach any legal duty owed to a third party (such as a duty of confidence); • Promote illegal activity or invade another’s privacy; • Give the impression that they originate from us; or • Be used to impersonate another person or to misrepresent your affiliation with another person. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Eats on Demand Platform. • Status of Submissions on the Eats on Demand Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded, or transmitted to the Eats on Demand Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Eats on Demand Platform are for information purposes only and do not constitute advice from us or the opinions of anyone within the Eats on Demand Group. User Content may reflect the opinions of Customers who have ordered through the Eats on Demand Platform, and any statements, advice, or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Eats on Demand Group assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials. • Public Display of Submissions. You acknowledge that Eats on Demand may choose to provide attribution of your Submissions (for example, listing a date, User’s name, and city on a User’s rating/review that you submit) at Eats on Demand’s discretion, and that such User Content may be visible to other Users and visitors to the Eats on Demand Platform. By providing a rating/review, you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines. e. Note on Privacy. If you access any Personal Information through or in connection with the Eats on Demand Platform, you agree that you will treat such Personal Information in accordance with Eats on Demand's current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service. 7. Advertising and Third-Party Websites a. If you elect to have any business dealings with anyone whose products or services may be advertised on the Eats on Demand Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the Eats on Demand Group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. b. The Eats on Demand Platform may provide links to third-party websites, and such links are provided solely for your convenience. Links to third-party websites on the Eats on Demand Platform are provided solely for your convenience. If you use these links, you leave the Eats on Demand Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Eats on Demand Platform, you do so entirely at your own risk. c. Eats on Demand reserves the right to prohibit or remove (or require you to remove) any link to the Eats on Demand Platform, including, without limitation, any link that contains or makes available any content or information of the foregoing nature, at any time. 8. Availability and Updates a. Eats on Demand may alter, suspend, or discontinue the Eats on Demand Platform or Service at any time and for any reason or no reason, without notice. The Eats on Demand Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Eats on Demand may periodically add or update the information and materials on the Eats on Demand Platform without notice. b. While we try to ensure the Eats on Demand Platform is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and no members of the Eats on Demand Group will be liable to you if the Eats on Demand Platform is unavailable at any time or for any period. c. Eats on Demand may upgrade or alter the Eats on Demand Platform at any time. Eats on Demand may remotely access the Eats on Demand Platform (including for greater certainty any Eats on Demand Platform App) at any time for any lawful reason, in particular to update the software or to perform software maintenance. 9. DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. a. Content: While we try to ensure that information on the Eats on Demand Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Eats on Demand Platform, including to Goods and prices described on it, at any time without notice. The material on the Eats on Demand Platform may be out of date, and we make no commitment to update that material. b. Allergy, dietary, and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings, and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendors that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish, or any other Menu Information, you should confirm with the Vendor directly before ordering. c. Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Eats on Demand Platform: • We do not give any undertaking that the Goods ordered from any Vendor through the Eats on Demand Platform will be of satisfactory quality or suitable for your purpose, and we disclaim any such warranties. • Estimated times for deliveries and pick-ups are provided by the Vendors and are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times. • We encourage all Vendors to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions, or for any other reason. The foregoing disclaimers do not affect Customers’ statutory rights against any Vendor or Courier. d. Service Disclaimers • Viruses. The downloading and viewing of the Eats on Demand Platform or the Content is done at your own risk. Eats on Demand cannot and does not guarantee or warrant that the Eats on Demand Platform or the Content are compatible with your computer system or that the Eats on Demand Platform or the Content, or any links from the Eats on Demand Platform or the Content, will be free of viruses, worms, malware, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of the Eats on Demand Platform. • Communications Not Confidential. Eats on Demand does not guarantee the confidentiality of any communications made by you through the Eats on Demand Platform. Although Eats on Demand generally adheres to accepted industry practices in securing the transmission of data to, from, and through the Eats on Demand Platform, you understand, agree, and acknowledge that Eats on Demand cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Eats on Demand Platform. 10. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY a. NO IMPLIED WARRANTIES. THE EATS ON DEMAND SERVICES, THE EATS ON DEMAND PLATFORM, AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EATS ON DEMAND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE EATS ON DEMAND SERVICES, EATS ON DEMAND PLATFORM, AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR THAT THE EATS ON DEMAND SERVICES, THE EATS ON DEMAND PLATFORM, OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. b. EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL EATS ON DEMAND OR ANY MEMBER OF THE EATS ON DEMAND GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES), WHETHER OR NOT EATS ON DEMAND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE EATS ON DEMAND SERVICES, THE EATS ON DEMAND PLATFORM, OR THE CONTENT. c. NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE EATS ON DEMAND PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS, OR EMPLOYEES OF EATS ON DEMAND. EATS ON DEMAND IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES, OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS. d. LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE EATS ON DEMAND GROUP IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE EATS ON DEMAND SERVICES, THE EATS ON DEMAND PLATFORM, OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CAD $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. e. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Eats on Demand Platform, including without limitation costs relating to the servicing, repair, or adaptation of any equipment, software, or data that you may own, lease, license, or otherwise use. THE LIMITATIONS ABOVE REFLECT A FAIR ALLOCATION OF RISK BUT FOR WHICH EATS ON DEMAND WOULD NOT MAKE THE EATS ON DEMAND PLATFORM AND/OR EATS ON DEMAND SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11. Indemnification
You agree to defend, indemnify, and hold harmless the Eats on Demand Group, its licensors, and their directors, officers, agents, contractors, partners, representatives, and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal fees, incurred in connection with or as a result of: a. Your breach of these Terms of Service or any documents referenced herein; b. Your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); c. Your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission. Eats on Demand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Eats on Demand. 12. Governing Law and Dispute Resolution a. Governing Law. These Terms of Service will be governed by the laws of the Province of Ontario, unless you access the Eats on Demand Platform or receive the Eats on Demand Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Eats on Demand Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Eats on Demand Platform, the Eats on Demand Services, or the Content, notwithstanding your domicile, residency, or physical location. The Eats on Demand Platform, the Eats on Demand Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. b. Dispute Resolution Process. • Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Eats on Demand or any members of the Eats on Demand Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Eats on Demand Platform, or Eats on Demand Services, any interactions or transactions between (1) you and (2) Eats on Demand or any members of the Eats on Demand Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction, or application, or the rights, duties, or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally. • Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Eats on Demand will pay the reasonable arbitration costs. • Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity, and not as a representative plaintiff or class member, and you will not join such a claim with claims of any other person or entity, or bring, join, or participate in a class action lawsuit, collective, or representative proceeding of any kind (existing or future) against any members of the Eats on Demand Group. • Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief in case of a breach by you of any intellectual property rights. 13. Miscellaneous a. Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to,” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service. b. Entire Agreement. If you are a Customer, these Terms of Service, the Privacy Policy, and any documents incorporated by reference herein constitute the entire agreement between Eats on Demand and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Eats on Demand with respect to the Eats on Demand Platform. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. c. Notices. Eats on Demand may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the Eats on Demand Platform or by email at the then-current email address for you on file with Eats on Demand. Eats on Demand may be contacted in writing at: Eastern Obsession Inc. 1525 Birchmount Rd, Unit – 209 Scarborough, Ontario, M1P 2H3 Or info@eatsondemand.io Eats on Demand may change its notice contact information from time to time by posting updated contact details on the Eats on Demand Platform. d. No Waiver. Eats on Demand's failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or rights. e. Force Majeure. Eats on Demand will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Eats on Demand's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event. f. Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. g. Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that if you are also a Vendor registered on the Eats on Demand Platform, the terms applicable to the Vendor agreement will govern your relationship with Eats on Demand in connection with your use of the Eats on Demand Platform as a Vendor offering its services. h. Language. These Terms of Service are made available in English and in French for French-speaking Users. In the event of a conflict between this English language version of the Terms of Service and the French language version of the Terms of Service, this English language version shall prevail except for users in Quebec, for whom the French language version will prevail. En cas d’incompatibilité entre la présente version anglaise des conditions du site et sa version française, cette version anglaise prévaudra. i. Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase, or are sold to. II. ORDERING TERMS 1. Access, Eats on Demand Services, and Products
Through the Eats on Demand Platform, you may place orders for Goods from Vendors, receive delivery of the Goods, and Eats on Demand may provide customer care support between you, Couriers, and Vendors (these services and associated services such as order management, payment processing for Orders, and provision of access to the Eats on Demand Platform provided by Eats on Demand from time to time are the "Eats on Demand Services"). For avoidance of doubt, Eats on Demand does not prepare or fulfill any orders for Goods or provide delivery services directly, and no members of the Eats on Demand Group will be liable for any transactions between Customers, Couriers, or Vendors. Eats on Demand may provide products or services to Couriers or Vendors through a separate agreement executed with such parties. Menus and other Vendor-related information on the Eats on Demand Platform are content provided by the Vendor and not Eats on Demand. 2. Eats on Demand Customer Account
To use the Eats on Demand Platform and most features of the Eats on Demand Services, you are required to successfully create a user account (the "Eats on Demand Customer Account") using the available interfaces at the Eats on Demand Platform. 3. Placing Orders a. Once you have created your Eats on Demand Customer Account, you may select items from a Vendor’s menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time before placing an Order. Once you have made your selection, you may proceed to place your Order. At this time, you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your Order. Your payment will be processed directly by the Vendor, not by Eats on Demand, as Eats on Demand serves solely as a platform connecting you to the Vendor. You are responsible for ensuring that all your Order details, including billing, delivery address, and other information, are current, complete, and accurate. Once you have placed your Order, you will not be entitled to change or cancel your Order through Eats on Demand, and you will not be entitled to a refund from Eats on Demand (except where required by law). If you wish to amend or cancel your Order or request a refund, you must contact the Vendor directly using the contact information provided by the Vendor. b. Vendors are encouraged to confirm all Orders and to communicate any inability or unwillingness to confirm promptly. Eats on Demand will notify you as soon as reasonably practicable if the Vendor does not confirm your Order. However, as the transaction occurs directly between you and the Vendor, the Vendor has the discretion to not confirm Orders. Any issues related to the non-confirmation or cancellation of your Order must be addressed directly with the Vendor. c. Because Eats on Demand does not process payments directly, any payment-related concerns or disputes, including any potential delays in fund release by your bank or card issuer, should be directed to the Vendor or your financial institution. Eats on Demand is not responsible for handling any payments, refunds, or delays related to the financial transaction between you and the Vendor. d. You agree that Eats on Demand is not liable for any issues arising from Orders that are not confirmed, are canceled, or that the Vendor is unable or unwilling to fulfill. All inquiries and disputes related to your Order must be directed to the Vendor. 4. Customer Care, Goods Contract, Third-Party Couriers, and Refunds a. Vendor and Courier Issues: Eats on Demand is a platform that connects customers directly with Vendors. As such, we do not offer customer care services for issues related to Orders, payments, or delivery services. If you have any problems, questions, or concerns with respect to your Order or the Goods received, you must contact the Vendor directly. All payments are made directly to the Vendor, and any issues related to your Order, including refunds, missed or late deliveries, or the quality of the Goods, must be resolved between you and the Vendor. Eats on Demand does not handle payments, and therefore, we cannot provide customer support for payment-related issues. b. Goods Contract: The legal contract for the purchase of Goods is solely between you (the Customer) and the Vendor. Eats on Demand serves only as a platform facilitating the placement of Orders but is not a party to the sales contract. By placing an Order through the Eats on Demand Platform, you acknowledge that you are entering into a direct contract with the Vendor, and all matters related to the Order, including product quality, delivery, and any potential disputes, are to be handled directly with the Vendor. Eats on Demand is not responsible for any issues related to the Goods or services provided by the Vendor, including, but not limited to, missed or late deliveries, missing items, or the quality of the Goods delivered. c. Third-Party Couriers: If a Vendor uses third-party couriers to deliver your Order, Eats on Demand is not responsible or liable for the service or product provided by such couriers. Any issues related to the delivery, including timeliness or condition of the Goods upon delivery, should be directed to the Vendor or the courier service used by the Vendor. d. Refunds and Compensation: As Eats on Demand does not handle payments or transactions, we do not provide refunds or compensation. Any requests for refunds or compensation must be directed to the Vendor from whom the Order was placed. It is the Vendor's responsibility to address and resolve any disputes or issues related to payments, refunds, or the quality of Goods. 5. Payment Processing Services Payment processing services for the Eats on Demand Platform are provided by Stripe or other payment service providers that the Vendors may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). By placing an Order through the Eats on Demand Platform, you acknowledge that your payment will be processed directly by the Vendor's chosen Payment Processing Services Provider. Eats on Demand does not handle or process payments directly and is not involved in the financial transaction between you and the Vendor. You hereby authorize the Vendor to share with the Payment Processing Services Provider any financial information, banking details, and transaction information necessary to process your payment. You also agree that Eats on Demand is not responsible for the use or misuse of such financial information, banking details, and transaction information by the Payment Processing Services Provider or any third party. Any issues related to payment processing, including disputes, should be addressed directly with the Vendor or the Payment Processing Services Provider. 6. Price and Payment a. Prices listed on the Eats on Demand Platform from Vendors in Canada are in Canadian dollars. Goods prices listed on the Eats on Demand Platform from a Vendor in the United States are in United States dollars. Goods prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price. b. Payment for Orders must be made with an accepted credit or debit card through the Eats on Demand Platform ("Card Orders") or, in certain circumstances, may be made by cash directly to the Vendor or Courier ("Cash Orders"). If you choose a Cash Order, you must pay the Vendor or Courier, as applicable, and are liable for failure to do so. c. For Card Orders, you will be charged at the time of placing your Order. The Eats on Demand Platform uses Stripe or other third-party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible for ensuring that all your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us. d. Eats on Demand or the Vendor is under no obligation to fulfill your Order at the incorrect price. Prices at the Vendor’s Goods in the Vendor’s physical location and at the Eats on Demand Platform may be different. Any such differences will not entitle you to a refund or a reduction in the price of your Order. e. Goods prices, delivery charges, and any other fees are subject to change at any time at Eats on Demand’s or the Vendor’s discretion. 7. Pickup or Delivery You may have the ability to choose if you would like your Order to be picked up by you at the premises of the Vendor ("Pickup Order") or delivered to you by a third-party courier or a courier of the Vendor ("Delivery Order"). You may be provided a time for when the Pickup Order will be ready for pickup or when the Delivery Order will be delivered. These times are only estimates and Eats on Demand and the Vendor offer no guarantee that these times will be achieved. Eats on Demand is not responsible for any delays in receiving or having your Order ready for any reason. For a Pickup Order, you will arrive at the time provided, and Eats on Demand and the Vendor are under no obligation to remake or refund the Goods if you do not arrive when indicated. 8. Alcohol If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Vendors or Couriers may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Vendor or Courier, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Vendor or the Courier, then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Vendor, Eats on Demand, or the Courier. If you order alcohol and the alcohol is to be delivered, the delivery address must be a residential or private address. For greater certainty, alcohol orders may be subject to time and location restrictions. III. PROMOTIONAL VOUCHERS, REFER-A-FRIEND PROGRAM, GIFT CARDS, AND EATS ON DEMAND CREDITS AND CONTESTS 1. Promotional Vouchers
The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the Eats on Demand Platform ("Promotional Vouchers"): a. Promotional Vouchers may only be redeemed towards Orders on the Eats on Demand Platform and cannot be used for Goods that include alcohol and may not be applied to taxes or other items/fees/charges as determined from time to time by us. Promotional Vouchers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Voucher (for example, the amount of any dollar or percentage discount, number of times the Promotional Voucher can be used, expiry date, area the Promotional Voucher can be used, whether applicable for Pickup Orders or Delivery Orders) and any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Voucher (for example, the social media post or advertisement where the Promotional Voucher was posted). b. Promotional Vouchers must be used in conjunction with an Eats on Demand Customer Account. Promotional Vouchers must be applied to an online Order by no later than the deadline specified on the Promotional Voucher and will expire if not applied by this time. If the Promotional Voucher provides for a discount on an Order, an amount determined by the rules of the Promotional Voucher will be credited to the Order to which the Promotional Voucher is applied. c. The right to use a Promotional Voucher is personal to the original recipient and may not be transferred. No Promotional Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient or stored in a data retrieval system without our prior written permission. For greater certainty, Promotional Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or canceled. d. Promotional Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated. e. Promotional Vouchers may not be exchanged, redeemed, or refunded for cash and may not be transferred or assigned. f. No members of the Eats on Demand Group will be liable to you, any customer, or household for any loss or claim arising out of the refusal, rejection, cancellation, or withdrawal of any Promotional Voucher or any failure or inability of a customer or household to use a Promotional Voucher for any reason. g. For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Promotional Vouchers or to vary or terminate the operation of a Promotional Voucher at any time without notice. 2. Refer-A-Friend Program a. If you are an Eats on Demand Customer Account holder, you may be entitled to voluntarily participate in the Eats on Demand refer-a-friend program (the "Referral Program"). A unique alphanumeric code is assigned to your Eats on Demand Customer Account, referred to as your personalized referral code ("Referral Code"). To participate in the Referral Program, you will need to refer friends who have never placed an order with us ("Friends") and invite your Friends to use the Eats on Demand Platform with your Referral Code. b. You will earn Eats on Demand credit ("Referral Eats on Demand Credit") in the amount we determine from time to time once your Friend ("Referred User") has completed an eligible order on the Eats on Demand Platform ("Eligible Order"). Criteria for Eligible Orders are determined in our sole discretion from time to time. Referral Credit will be applied automatically against your item subtotal on your next Card Order, up to and including the item subtotal before taxes, tip, and delivery fee. If any credit remains after being applied to the order, that credit will remain on your account. Referral Credits are subject to expiration and must be used within the timeframe, if stated or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed is subject to change at any time at Eats on Demand’s sole discretion. c. The Referral Code may only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your Referral Code via search engine marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with any members of the Eats on Demand Group or with the Eats on Demand Services to any third parties, and you will not make any warranty or representation on behalf of any members of the Eats on Demand Group. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit. d. Eats on Demand reserves the right, at its sole discretion, to deactivate your account(s) and revoke the Referral Credits of any account holder who it finds or believes to be earning or using Referral Credits against these Terms of Service, or who is manipulating or abusing the Eats on Demand Services or the Eats on Demand Platform. e. For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Terms of Service in relation to the use of the Referral Program or to vary or terminate the operation of a Referral Eats on Demand Credit issued pursuant to the Referral Program at any time without notice. 3. Gift Card Terms and Eats on Demand Credits a. Eats on Demand may grant you credit toward eligible purchases as set out in these terms ("Eligible Purchases") in the form of Eats on Demand gift cards ("Gift Cards") or Eats on Demand credit ("Eats on Demand Credit"). When you purchase a Gift Card, you are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code ("Claim Code"). To use a Gift Card, you must have an Eats on Demand Customer Account, log in to your Eats on Demand Customer Account, and apply the Gift Card to your Eats on Demand Customer Account by entering the Claim Code on the Eats on Demand Platform. Eats on Demand Credit is credit toward Eligible Purchases in a particular dollar amount that is associated with a unique Eats on Demand Customer Account. The value of Eats on Demand Credit including credit from Gift Cards applied to your Eats on Demand Customer Account is referred to as your "Eats on Demand Credit Balance." When you apply a Gift Card to your Eats on Demand Customer Account, your Eats on Demand Credit Balance will be credited by the dollar value of the Gift Card, and the value associated with the Claim Code will be reduced to zero. From time to time, Eats on Demand may also issue Eats on Demand Credit to you for other purposes (for example, to refund a purchase that you have made). Your Eats on Demand Credit Balance includes the total remaining balance of all Eats on Demand Credit that has been applied to your Eats on Demand Customer Account by way of Gift Card or otherwise, but not yet applied to a purchase. To check your Eats on Demand Credit Balance, log in to your Eats on Demand Customer Account. To check the balance of a Gift Card before it has been applied to an Eats on Demand Customer Account, simply review the email or other document in which you received the Gift Card, where the face value will be printed. b. The Eligible Purchases that you may purchase using Gift Cards and Eats on Demand Credit consist of Goods, including all fees and costs on the Order for those Goods which you are permitted to purchase in accordance with these Terms of Service. Eats on Demand reserves the right to restrict the use of Gift Cards and Eats on Demand Credit to comply with applicable law. Gift Cards and Eats on Demand Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for. c. When you make a purchase from your Eats on Demand Customer Account using Eats on Demand Credit (including Eats on Demand Credit from a Gift Card), the value of the Eats on Demand Credit that you use for that purchase will be deducted from your Eats on Demand Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Eats on Demand Credit to pay for all fees and costs on your Order, including but not limited to the cost of Goods, delivery charges, tips, and taxes. Any unused Eats on Demand Credit Balance will remain associated with your Eats on Demand Customer Account. If the cost of an Order exceeds your Eats on Demand Credit Balance, the remaining amount must be paid with another payment method. d. Gift Cards and Eats on Demand Credit do not expire. There are no fees associated with purchasing, using, or redeeming Gift Cards or Eats on Demand Credit. e. Gift Cards and Eats on Demand Credit cannot be resold (except with the express written permission of Eats on Demand), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Eats on Demand Credit Balance may be transferred to another Eats on Demand Customer Account or otherwise assigned or transferred to another person. Eats on Demand Credit cannot be used in conjunction with Cash Orders. f. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Eats on Demand is not responsible if any Gift Card is lost, stolen, or destroyed, if your Eats on Demand Credit Balance or any Gift Card is used without your permission, or if you lose access to your Eats on Demand Customer Account or any Eats on Demand Credits. g. Gift Cards and Eats on Demand Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Eats on Demand Credit grant. h. Eats on Demand has the right to void Gift Cards or Eats on Demand Credit, close Eats on Demand Customer Accounts, and bill alternative forms of payment if it suspects that a Gift Card is obtained, used, or applied to an Eats on Demand Customer Account (or Eats on Demand Credit is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these Terms of Service, or in a manner that abuses the Eats on Demand Platform. i. For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Gift Cards or Eats on Demand Credit. 4. Contests/Competitions a. From time to time, Eats on Demand may run contests or competitions ("Contests"). Those Contests will be subject to these Terms of Service, as well as rules specific to each Contest ("Contest Rules"). b. In general, Contests for Canadian users will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of: i. Employees, representatives, and agents (and persons with whom they are domiciled, whether related or not) of the Eats on Demand Group, its advertising and promotion agencies; and ii. Residents of Quebec, unless specified in the Contest Rules. The Contest Rules may specify other eligibility rules. For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest, or to vary or terminate the operation of a Contest at any time without notice. ADDITIONAL TERMS Affiliate Links and Earnings
The Eats on Demand Platform may include affiliate links, and the Eats on Demand Group may earn a commission or other compensation from purchases made through those links. By using the Eats on Demand Platform, you acknowledge and agree that you understand the nature of these links and that the Eats on Demand Group is not responsible for any issues arising from your interactions with those third-party services. Integrated Payment Systems and Third-Party Services
The Eats on Demand Platform uses Stripe as its integrated payment system, but this may change over time. All payment-related issues should be directed to the Vendors from whom you purchase Goods, as Eats on Demand does not directly handle payments, and all payments are processed directly by the Vendors. By using the Eats on Demand Platform, you accept and agree to abide by the terms and conditions of Stripe and any other payment processors that may be used by Eats on Demand in the future. Third-Party Software Integration
The Eats on Demand Platform is integrated with various third-party software solutions that are governed by their own terms and conditions. By using the Eats on Demand Platform, you agree to comply with the terms and conditions of these third-party services. The Eats on Demand Group is not responsible for any issues arising from the use of these third-party services.