Terms and Conditions of the RESTAURANT’s website and mobile application
Last revised: February 15, 2018
PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS
If
you continue to browse and use this website you agree to comply with and be
bound by the following terms and conditions governing the relationship between
you and THE RESTAURANT regarding this site.
THE TERMS
AND CONDITIONS HEREIN APPLY TO THE USE OF THE WEBSITE (the "SITE"),
THE MOBILE APPLICATION (THE "MOBILE APPLICATION"), RESTAURANTS
("the RESTAURANT"),
INCLUDING
ALL CONTENT AND SERVICES ONLINE THEREIN (THE SITE AND MOBILE APPLICATION WILL
COLLECTIVELY HEREAFTER THE "APPLICATION").
For IPHONE,
IPAD AND OTHER DEVICES USING THE IOS OPERATING SYSTEM ("APPLE
APPLICATIONS"); AND FOR THE DEVICES USING OTHER OPERATING SYSTEMS
("OTHER APPLICATIONS"). BY ACCESSING, DOWNLOADING, INSTALLING OR
OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS ("TERMS"). IF YOU DO NOT AGREE, DO NOT ACCESS, DOWNLOAD,
INSTALL OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION
AND DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE
APPLICATION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN
YOU AND RESTAURANT ("AGREEMENT"). THIS AGREEMENT CONTAINS PROVISIONS
THAT LIMIT THE LIABILITY OF THE RESTAURANT.
ELIGIBILITY OF
USE
THE
APPLICATION MUST ONLY BE USED BY PEOPLE AGED FOURTEEN (14) YEARS OR OVER. IF
YOU ARE FOURTEEN (14) YEARS OR OVER, BUT HAVE NOT REACHED THE AGE OF MAJORITY
IN YOUR JURISDICTION, YOU NEED TO REVIEW THESE TERMS WITH YOUR PARENT OR
GUARDIAN BEFORE CONTINUING TO MAKE SURE YOUR PARENT OR GUARDIAN AND YOU
UNDERSTAND THE AGREEMENT. IF YOUR PARENT OR GUARDIAN DO NOT RECOGNIZE OR NOT
ACCEPT THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND STOP
USING IT. IF YOUR AGE IS BETWEEN 14 AND AGE OF MAJORITY, YOU CAN USE THE
APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.
RIGHTS
LICENSE, INSTALLATION AND USE
You are
responsible for ensuring that your device meets all the technical
specifications necessary to enable you to access the application and use. You
receive a personal, non-exclusive, non-transferable license to install and use
the APPLICATION on mobile devices that belong to you or that you control
personally under these TERMS. Licenses for Apple applications are granted for
use on a device that belongs to you or that you control and are equipped with
Apple’s operating system, iPhone OS. You must ensure that you use a suitable
device to
access any Apple application in order to use it. Other applications can only be
used on a device that belongs to or that you control yourself and with the
operating system for which the other application in question was designed. You
cannot install or use the APPLICATION on a device that is not yours or that you
do not control. The APPLICATION is provided for legitimate use only and is
protected by applicable laws and treaties on intellectual property.
Modification or use of the APPLICATION otherwise violates the rights of intellectual
property of the RESTAURANT. The APPLICATION is licensed and is therefore not
sold. All rights to the Application are and remain the exclusive property of
the RESTAURANT and/or its licensors. Nothing in these Terms is designed for you
to transfer any of these rights or to invest in one of them. You are only
authorized limited use of the APPLICATION, which is granted by these TERMS. You
will not take steps to interfere with, limit or jeopardize the rights of the
RESTAURANT and/or one of its licensors. All costs associated with downloading,
installation, access and use of the APPLICATION are your responsibility and
depend on your mobile service provider.
You are responsible for maintaining
the strict confidentiality of your account details and you are responsible for
all activity on your account. You agree to immediately notify the RESTAURANT of
any unauthorized use of your account or password or any other security breach.
You agree and you are responsible for providing accurate information when you
provide your account details and you ensure that your account details are
up-to-date. You are solely responsible for controlling the dissemination and
use of your password, controlling access and use of your account, and informing
the RESTAURANT when you want to cancel your account or unsubscribe from
electronic communication in all of its forms. The RESTAURANT will not be liable
for any loss or damage arising from your violation of this provision.
RESTRICTIONS
ON USE
Follow the
rules of road safety. Each time you use the APPLICATION, you must respect road
safety codes as well as all rules and regulations that apply. YOU SHOULD NOT
USE THE APPLICATION WHILE YOU ARE DRIVING OR DRIVING A MOVING VEHICLE THAT IS
NOT IN PARKING MODE. For safety reasons, at any time, you should use the
APPLICATION only when permitted and safe to do so.
You cannot
decompile, reverse engineer, disassemble, or otherwise convert or allow any
third party to decompile, reverse engineer, disassemble or otherwise convert
the APPLICATION in a form perceptible to humans; make copies of the
APPLICATION; distribute or republish, upload, post or transmit the APPLICATION
in any way whatsoever; resell, rent, lease or lend the APPLICATION; or transfer
the APPLICATION or these TERMS to any third party. If you download software
from the APPLICATION, the software, including any files, images, contained in
or generated by the software, and data related thereto (together, the
"SOFTWARE") are deemed granted under license by the RESTAURANT or its
licensors, if any.
You are NOT
allowed to use the APPLICATION to: obtain unauthorized access to the
RESTAURANT, including, without limitation, to use this APPLICATION to
interrupt, destroy or
limit the
functionality of the APPLICATION, the RESTAURANT’s servers and/or network;
undertake an unlawful or illegal activity; launch automated systems such as
"robots," "spiders," etc.; impersonate any person or
misrepresent your identity; and/or violate the rights or threaten the safety of
any person. Possible evidence of use of this APPLICATION for these reasons will
be provided to the police authorities and are subject to production of
documents required by law.
COLLECTION,
USE AND DISCLOSURE OF YOUR INFORMATION
Collection
You agree
that the RESTAURANT may collect and use technical data about your device,
software of your system and the APPLICATION, and peripherals. All technical
data is gathered periodically to facilitate the provision of software updates
and support related to the APPLICATION.
So that the
RESTAURANT can better address your preferences, by using the APPLICATION, you
accept and agree that THE RESTAURANT, and/or its affiliates and third party
partners may collect, use and transmit the information you provide using the
APPLICATION, and other information that identifies you personally collected
through your use of the APPLICATION or specifically provided by you when you
use the APPLICATION through registering for an account with the RESTAURANT, or
otherwise provided ( "PERSONAL INFORMATION") to facilitate the
improvement and delivery of products, offers, promotions, other services or
technologies, and advertising content.
You agree
and consent to the RESTAURANT and its third party partners using your
information to provide products, offers, promotions, or other customized
services or technologies, and advertising content. Your personal information
will only be used in accordance with the privacy policy of the RESTAURANT.
Location information: With your
consent, we may collect location information through your use of the APPLICATION, including locating information collected
through geolocation capabilities, GPS, Bluetooth and similar capabilities of
your mobile phone or your device ("LOCATION INFORMATION"). The
objective of collecting location information is to identify restaurants that
are the closest to your immediate location and effectively use the features of
the APPPLICATION. We collect only the location information, if you agree,
through a membership option, to receive some features of the APPLICATION (during
the initial download of the APPLICAITON for a login or later session) and by
enabling these capabilities on your mobile device. Once the membership is
accepted, the APPLICATION will continue to collect location information until
you close the APPLICATION (location information will continue to be collected
if the APPLICATION works in the background ) or if you change the settings of
your phone or other device to disable geolocation capabilities, GPS or
Bluetooth, or similar capabilities, or you change the settings of your phone or
other device to prevent the
APPLICATION
to collect your location information. The RESTAURANT considers location
information as personal information.
Information on
the use of the APPLICATION: When you use the APPLICATION, information
about how you interact with and use the APPLICATION
may be collected automatically
("INFORMATION ON THE APPLICATION’S USE").
To the extent that the INFORMATION ON THE
APPLICATION’S USE identifies you as an individual,
THE RESTAURANT considers this personal
information.
Personal information gathered: The way you
use our application which you frequent our
restaurants is important to us. We can therefore gather and compile
personal information with information about other purchases you make at restaurants
The RESTAURANT and any other personal information that you have agreed to
provide us ("AGGREGATED PERSONAL INFORMATION").
Use
PERSONAL
INFORMATION, LOCATION INFORMATION, INFORMATION ON THE APPLICATION’S USE, and
AGGREGATED PERSONAL INFORMATION (collectively "AUTHORIZED
INFORMATION") are used for purposes such as improving the functionality
and features of our APPLICATION to answer your requests and messages, to
conduct research on behavior and/or consumer interests, to improve our services
or products, and to provide you with information about our offers and special
promotions in our restaurants.
Disclosure
The
RESTAURANT can share AUTHORIZED INFORMATION with its affiliates, agents,
business partners, franchisees and other third parties in the following ways:
The
RESTAURANT may disclose information about authorized when you visit our
restaurants, products that you view and that you share the most frequently, and
which parts of our restaurants you visit the most; The RESTAURANT may disclose
AUTHORIZED INFORMATION to provide certain commercial services and communicate
only AUTHORIZED required for commercial services to be provided. The RESTAURANT
can disclose AUTHORIZED INFORMATION if required by law or if we believe in good
faith that such action is necessary to
(i)
comply with legal obligations, (ii) to protect or
defend our rights or property, (iii) act in urgent circumstances to protect the
personal safety of users of the APPLICATION or general public, or (iv) to
protect us against liability.
Storage and
transfer of information
The
RESTAURANT can store all the information we collect (authorized or otherwise)
in databases owned and maintained by us, our subsidiaries, our suppliers, our
franchisees, our agents or our service providers. These databases can be stored
in Canada or abroad. Using our
APPLICATION,
you consent to the storage and transfer of your authorized information and
other information as described above.
Limiting the
collection of information
You cannot
use the APPLICATION without providing personal information. You can limit the
personal information we collect by uninstalling the APPLICATION, turning it off
or preventing it from using geolocation capabilities, Bluetooth or similar
capabilities of your mobile device. However, if you take such measures that may
prevent you from using certain features or aspects of the APPLICATION.
Links to other
websites and/or other applications
The
APPLICATION may contain references, links or interactions to websites that are
not operated when controlled by us ("THIRD-PARTY SITES"). The
policies and procedures we describe herein are not applicable to THIRD-PARTY
SITES and these sites may independently collect information about you. The
RESTAURANT assumes no responsibility regarding the policies to protect personal
information and gathering information from these THIRD-PARTY SITES and we
recommend that you contact the providers of these sites directly for
information on their privacy policies.
Contact
privacy
All
questions and all concerns about the privacy of your personal information
should be directed to the registered address available on our website. You can
also reach us by phone number on our website five (5) days per week, Monday to
Friday, 8 a.m. to 5 p.m. (EST).
SENDING ORDERS
TO RESTAURANTS
This section
applies to orders placed by the APPLICATION where this service is offered.
Please read this section before sending an order to restaurants using the
APPLICATION.
Each
restaurant is owned and managed by an independent company: Although there may
be a parent company that operates and controls the APPLICATION, it is not
responsible for the restaurant operations. Most restaurants are owned and
operated by independent owners. Some restaurants are operated by subsidiaries
of the parent company (such subsidiaries are collectively called
"RESTAURANTS"). Each restaurant is fully and independently
responsible for its legal and regulatory compliance with respect to any problem
related to the supply of products to you and any issues related to employment
in the restaurant.
Orders: The purpose of ordering is to offer
customers a convenient way that allows them to create an order for products in advance and submit by registering
at a participating restaurant. Before you order, you can create an account in
the APPLICATION. Before submitting an order, you must register a credit card (a
"PAYMENT CARD") on which your order payments will be applied. For the
order to be submitted, you may need to enable location services on your device.
Registering your payment method: The
RESTAURANT and RESTAURANTS rely on the services of independent suppliers to save your credit card (Visa and/or
MasterCard) and process RESTAURANT payments. You understand and agree that when
you register a PAYMENT CARD, the RESTAURANT or its independent providers can
verify the validity of the registered PAYMENT CARD. You also understand and
agree that when placing an order at a RESTAURANT, the RESTAURANT will be the
merchant. To pick up your order at the
counter or during delivery, you must
present the credit card used for payment as well as a photo ID. These identity
documents are essential in order to receive your order. Restaurants reserve the
right not to provide or deliver orders to anyone who would not have these
documents. YOU WARRANT THAT YOU
HAVE REACHED THE SUFFICIENT AGE AND HOLD ALL THE LEGAL RIGHTS TO USE ALL
PAYMENT CARDS YOU REGISTER.
Buying products directly from restaurants: When you
order, you submit orders directly to a participating
RESTAURANT and the contract for the supply of products will be concluded
between you and the RESTAURANT that accepts your order. The restaurant where
you pick up your products is responsible for preparing the products and
providing them to you.
About the products in the APPLICATION: All products
are subject to availability at the RESTAURANT
where you collect your order. Some RESTAURANTS do not serve all products. The
images of the products and packaging that appear in the APPLICATION are shown
as examples only and may not be identical to products or packages you receive
from a RESTAURANT. The differences may be due to the color display of your
device or to factors, such ingredients used, the supplier, the area where the
restaurant is located, and the season of the year.
About the prices in the order: Each
RESTAURANT applies the prices determined by the network as they are shown in the ordering feature and then applies any
taxes and additional costs required by law. Some offers and some prices may not
be available on all orders at all locations. If you discover an error in the
price of a product you are charged, please contact the RESTAURANT where you
purchased the product to request a refund for the difference in price.
Costs of application and order processing: Orders are
processed through a third-party service developed
and powered by UEAT. In many cases, the APPLICATION’S fees and shipping costs
may be due and charged by a third party that offers a SERVICE that is different
from the service provided by the RESTAURANT. UEAT offers an independent service
that the customer can choose to use to place an order in a more friendly and
faster environment. In all cases, you can choose whether to use the UEAT
ordering feature to place an order at a RESTAURANT. If you do not wish to pay
the fee for use of the APPLICATION’S ordering feature, you can always place
your order by phone or in person.
For
information and/or questions regarding the service provided by UEAT.io, you
should refer to its website and terms of use and sale by clicking on the
following link: https://ueat.io/fr/conditions-generales-de-vente/
Creating, confirming and sending your order to a
RESTAURANT: You can use the APPLICAITON to create your order and send it to a participating RESTAURANT you
choose. You only make your purchase when you submit your order to a RESTAURANT.
Your credit card will not be charged until you have sent your order to a
RESTAURANT. Orders must be collected in person at the RESTAURANT or through a
delivery service.
Registering to a RESTAURANT and making purchases: You can
register at any participating RESTAURANT,
even if you choose a different RESTAURANT than where you created your order.
You only make your purchase when you submit your order to a RESTAURANT.
Revised order total when registering: Order totals
may be revised when registering due to changes
in products, prices, taxes or other fees required by law because you selected a
different participating RESTAURANT than the original RESTAURANT you chose. The
revised order total can also result from the non-availability of some products,
price changes or other reasons.
Payment of
your order: You only make your purchase when you submit your order to a RESTAURANT. When you complete your
order, you allow the restaurant to process your total order (if updated, the revised
total of your order). The restaurant’s payment service provider will process
the total amount of your order (it is updated, the revised total amount of your
order) to the credit card you chose when you created your order. You may
receive a notification in the APPLICATION’S ordering feature informing you that
the RESTAURANT has accepted and started to prepare your order. The products
belong to you once you have picked them up or received them.
Canceling
your order, refunds and your consumer rights: You can
update or cancel your order at any
time before confirming your payment on the RESTAURANT’s website. However, once
you have made the payment, you will not be able to cancel it. If you wish to be
reimbursed for any reason, particularly if the products were not satisfactory
or for other reasons, please contact the RESTAURANT where you purchased the
product for a refund. Your legal rights in this regard are not affected by any
of these TERMS.
OFFERS IN THE
APPLICATION
You can receive promotional offers via the
APPLICATION.
The
following general conditions apply to the offers: (1) The offer may only be
accessible by this particular APPLICATION and for the displayed product and is
subject to availability, at participating RESTAURANTS only, until the expiry
date; (2) Unless otherwise stated, each offer expires when the product is
purchased; (3) Unless otherwise stated, only one offer can be applied by
visiting the RESTAURANT; (4) Offers are non-transferable; and (5) Offers cannot
be exchanged for cash. In addition, specific conditions may apply to the offer
featured in the APPLICATION and displayed beside the offer. Not all offers that
can be applied to orders and/or are eligible for delivery.
SPECIAL
CONDITIONS FOR THE LOYALTY PROGRAM
General:
1.
If the loyalty and reward Program is activated, it is
the property of RESTAURANT and is available to customers in collaboration with
all participating restaurants.
2.
The RESTAURANT may, at its sole discretion, suspend or
terminate the Program without prior notice.
3.
In case of interruption or termination of the Program
for any reason whatsoever, the RESTAURANT will not liable to its members and
will be automatically released from all claims by members in the event of the
Program’s interruption, termination, loss or exchange of points or other issues
arising from the Program’s interruption or termination.
4.
The RESTAURANT can change the Program’s rules,
benefits, conditions of participation or the points required to get rewards, in
whole or in part, at any time and without notice, even if such changes may
affect the value of accumulated points.
5.
The RESTAURANT may withdraw, limit, modify or cancel
any award. By the same token, it can also increase, regulate or modify the
number of points required to earn a reward.
6.
The Program is open to all residents of Canada aged 14
and older. A corporation, company or other legal entity cannot become a member.
7. Only one person per account
can be included in the Program under his or her legal name.
8.
The RESTAURANT disclaims all liability that may arise
from an error or omission regarding the accuracy of the information contained
herein.
9.
Any abuse and fraudulent activity in connection with
the Program, including but not limited to, the failure of policies and Program
procedures, sale or barter of awards, and a
misrepresentation
of the facts relating thereto or other conduct deemed inappropriate, as
determined by the sole judgment of the RESTAURANT, any inappropriate behavior
or harassment of the staff of the RESTAURANT and its participating restaurants,
or refusal to obey its staff’s instruction may result in cancellation of the
member's account, disqualification from the Program, and the cancellation of
its points. The RESTAURANT reserves the right to terminate membership, withdraw
or cancel the card, cancel the accumulated visits, initiate legal action, and
collect taxable damages and legal fees.
10.
The RESTAURANT reserves the right to interpret and
implement policies and procedures that are in these rules. The RESTAURANT’s
decisions are final and binding in all cases.
11.
Members of the Program are entitled to know the
information kept on file and to correct any erroneous information. To access
their file, the member must visit the profile page on the RESTAURANT’S website
or accessible via the Program’s mobile app. The member is solely responsible
for maintaining valid personal information. The RESTAURANT cannot be held
responsible for any error or omission related to bad information in the
member's profile.
12.
Information on the rewards available for each member
(discount points and market value of the points) can be found partly in the
RESTAURANT’s member profile page on its website or in the Program’s mobile app.
It is possible that a reward be given to a member without the latter being
informed beforehand.
13.
Members who cannot provide a valid email address cannot
participate in the Program, since this field is required to complete the
profile. However, the member may, at his or her sole discretion, accept or
refuse to receive promotional communications from the RESTAURANT and its
affiliates. To make that choice, the member must change his or her
communication preferences in member profile page available online or via the
mobile app. The member understands that if he or she refuses to receive communications
from the Program, he or she is may be excluded from certain privileges or
rewards related to the Program.
14.
Upon the death of a Program member, the member's
account will be closed, and visits accumulated in this account will be canceled
as long as the customer service of RESTAURANT is informed via the customer
service form made available. If an account remains inactive, that is to say
that there is no transaction over a period of 14 consecutive months, it will be
automatically deactivated, and the points and rewards will be reset to zero. It
will be impossible for the member to recover the value of points or rewards
following the deactivation of the account.
15.
By joining the Program, you allow the RESTAURANT
collect and use your personal information to maintain your profile and provide
you the commercial information or information in connection with the Program.
From time to time, the information provided to the RESTAURANT and the Program
administrator, and UEAT Technologies Inc. can be used to present information,
products, services, and relevant offers from the RESTAURANT and its associated
partners. If you prefer that we do not use your personal information, please
contact the RESTAURANT’s customer service.
16.
On occasion, the RESTAURANT may collect additional
personal information of Program members. Should a Program member refuse to
provide additional information, his or her status will not be affected.
17.
To join the Program, a customer must become a member of
the Program. To do so, the customer must complete the required fields of the
profile, which is accessible online on the RESTAURANT’s website or by
downloading the Program’s mobile app. The customer must also accept the Program’s
terms and conditions by checking the box provided for this purpose.
18.
The electronic acceptance of Program’s terms and
conditions, or the first use of the membership card constitutes acceptance by
the member of the terms and conditions that govern the Program.
19.
A single virtual membership card will be issued by the
holder. Each holder has a unique membership card number. A holder cannot share
his or her account information with anyone and should not disclose personal
information or password to anyone.
20. Membership is
non-transferable.
21.
No retroactive credit will be issued for purchases made
before joining the Program is fully completed.
22.
Employees of the RESTAURANT and its participating
locations are eligible for the Program. However, the benefits offered in the
Program may not be eligible with the benefits of employees based on their
employment status.
23.
If ever a "contest" type of promotion under
the rules established by the Board of Alcohol, Races and Games (RACJ) is
offered within the Program, no employees, affiliated agencies or persons
residing at same address can be declared winner.
24.
In the event of loss or suspected fraud, members of the
Program shall immediately notify the RESTAURANT in writing by sending an email
via the contact form available on the RESTAURANT’s website. Following receipt
of the information, the RESTAURANT will deactivate the membership card and emit
a new one, which will be sent by email and directly accessible in the mobile
app within a maximum of 5 business days. The points balance or accumulated
unredeemed rewards will remain unchanged. The RESTAURANT reserves the right to
cancel all points accumulated in an account for which its suspects they were
fraudulently accumulated.
Earning and
redeeming points:
25.
Any reward is subject to an expiry date. Also, if a
member does not accumulate or exchange points, or carry out any transaction in
his or her account count for 14 consecutive months, the account will be
considered inactive and will not be reactivated. The virtual membership card
will not be able to be used anymore and the balance will be reset.
26.
Members must allow up to 48 hours before rewards,
including points, are credited to their Program accounts following a
transaction. In the case of an online order on the RESTAURANT’s site or via the
Program’s mobile app, the period begins when the order is delivered and
officially considered closed in the cash register system of the branch to which
the transaction has been assigned.
27.
Each reward has specific conditions of use and
validity. To get the details of the terms and conditions of use of a reward,
members should refer to legal information accompanying each message regarding
each reward.
28.
In all cases, a reward is never transferable to another
member. It is non-refundable, and cannot be redeemed for cash or another reward
(equivalent in nature or not).
29.
Base points are available only on eligible items
including but not limited to the RESTAURANT’s brand items sold at participating
restaurants only, with the exception of gift cards available at the RESTAURANT.
The list of eligible items may be changed without notice by the RESTAURANT.
30.
Every eligible dollar (before taxes and after discounts
on items, if applicable) in the the Program will provide members 20 base points
credited to their accounts.
31.
The value of a Program point is 0,001 Canadian dollars
(10,000 points = $10.00 Canadian dollars)
32. To redeem points against
purchases, the member must have accumulated a minimum of
$10
Canadian. If a member has accumulated more than $10, he or she can choose to
apply the entire or partial amount on a transaction, up to a maximum of $ 100
per day, rounded to the nearest 0.01. The maximum amount is calculated for each
calendar day starting at 00:01 a.m. and ending at 11:59 p.m. The amounts of a
payment made by points apply on the total transaction after applying eligible
discounts, taxes and delivery costs, but before expenses related to an online
transaction.
33.
Members can earn points and rewards on a maximum of 2
transactions per day. If the member performs more 2 transactions per day,
points will be issued on the first two transactions. No points will be issued
on subsequent transactions, regardless of the value of transactions.
34.
With Program, members can get bonus type of rewards
points or receive a multiplier type of reward points that will have the effect
of multiplying base points offered on every dollar of eligible purchases.
35.
Members may also receive other types of rewards that
offer discounts on items, on groups of items or on the subtotal of the invoice
based on purchasing behavior. Members understand and accept therefore that the
rewards offered within the Program may vary from one member to another as to
number of rewards and their value.
36.
Strictly speaking, the membership card is not a method
of payment or the equivalent of a credit card. It serves only to allow members
to access their accounts, including their rewards and accumulated points that
can be applied on purchases.
37.
Following the exchange of points or the use of a
reward, the member of the Program releases the franchisor of any liability or
claim with respect to the exchange and use of the reward or any loss or damage
caused by the products or services offered as rewards
38.
To accumulate points when making purchases, members
must present their virtual membership cards before completing the payment at
the cash register or log into their accounts in the event that an online order
was placed on the RESTAURANT’s website.
39.
If a transaction is canceled, customers must present
the virtual membership card to reverse the allocation of points to their
accounts. In the case of payment by points or the use of a reward, members must
contact the RESTAURANT’s customer service via the contact form available on the
RESTAURANT’s website for the repayment of the transaction.
40.
In no instance can members claim points on an already
completed and/or paid transaction if they forgot for whatever reason to present
their virtual membership cards or to log into their
accounts to
place an online order. This is not a valid reason to request a reversal of a
transaction.
41.
Customers can view their profiles and balances anytime
online by visiting the RESTAURANT’s website.
42.
Payment with points does not prevent customers from
accumulating points (base points, bonus points and multiplier offers) on
eligible products during a transaction.
43.
The RESTAURANT not accept any responsibility for the
points redeemed by anyone without the consent of the member if he or she has
not previously reported the loss or theft of the virtual membership card to the
RESTAURANT’s customer service. The member will assume full responsibility for
any transactions made before the RESTAURANT receives a notice.
JURISDICTION
AND APPLICABLE LAWS
Unless
otherwise described, the APPLICAITON is available only to provide information
about RESTAURANT. The RESTAURANT is not the owner of this APPLICATION. If you
use this APPLICATION from other places as Canada, you are responsible for
compliance with applicable local laws. Some software in this APPLICAITION are
subject to export controls imposed by Canada and/or the United States. This
software may not be allowed to be downloaded or otherwise exported or
re-exported into (or to a citizen or resident of) any country that is subject
to an embargo by Canada or the United States. If you download or if you use the
APPLICATION, you indicate and warrant that you are not located in one of these
countries, you are not under the jurisdiction of one these countries, and that
you are not a citizen of one of these countries, and that your name does not
appear on any of these lists.
The United
Nations Convention on the International Sale of Goods shall not apply. Use of
this Site, these TERMS and use of the APPLICATION is governed by the laws of
the Province of Quebec and the laws of Canada and, with regards the conflicts
from these TERMS, parties by the following subject themselves irrevocably to
the jurisdiction of the courts of the Province of Quebec in Québec City.
DISCLAIMER
THE
APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE
RESTAURANT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND
ALL MATERIALS THEREIN ARE PROVIDED "AS IS," "ON THE BASIS OF
THEIR AVAILABILITY" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN FORCE. THE
RESTAURANT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE RESTAURANT DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR NOT TO OTHER HARMFUL
COMPONENTS. THE RESTAURANT NO WARRANTY, AND MAKES NO REPRESENTATIONS ABOUT THE
USE OR THE RESULTS OF THE USE OF THE APPLICATION IN RELATION TO ITS ACCURACY,
PRECISION, RELIABILITY, OR OTHER CRITERIA.
THE
RESTAURANT DISCLAIMS ANY LIABILITY DUE TO THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION.
YOU (AND NOT THE RESTAURANT) ASSUME THE ENTIRE COST OF NECESSARY SERVICING OR
REPAIRS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. You assume
total responsibility for your use of the APPLICATION and all related sites.
YOUR ONLY RECOURSE AGAINST THE RESTAURANT IN THE EVENT YOU ARE DISSATIFIED WITH
THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION AND ANY
CONTENT. This limitation of recourse is part of negotiations between parties.
The
RESTAURANT disclaims any liability whatsoever, and for any consequences or
damage resulting, directly or indirectly, in relation to allergens and/or raw
materials used by the RESTAURANTS in the manufacturing of products sold. We
ensure that each restaurant uses quality products, but it is your
responsibility to report any allergy and or intolerance directly to the
RESTAURANT. Also, regarding fish-based products, we take care to remove the
fish bones, but some may remain.
RESTRICTIONS
OF LIABILITY
THE
RESTAURANT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
CAUSED BY ANY USE OR INABILITY TO USE THE APPLICATION, INCLUDING, BUT NOT
LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY TRANSMISSION, COMPUTER VIRUS OR FAILURE OF TRANSMISSION LINE. THE
RESTAURANT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY,
INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DUE TO THE
USE OR INABILITY TO USE, THE APPLICATION, EVEN IF THERE IS NEGLIGENCE ON THE
PART OF THE RESTAURANT AND ITS AFFILIATES OR THE RESTAURANT OR AUTHORIZED
REPRESENTATIVE OF THE RESTAURANT HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES, OR IF BOTH SITUATIONS HAVE OCCURRED. THE ABOVE LIMITATIONS, EXCLUSIONS
AND LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE RESTAURANT’S TOTAL LIABILITY TO TO YOU FOR ANY LOSS, DAMAGE AND INTENTIONS
OF ACTION (WHETHER IN CONTRACT, TRANSACTION (INCLUDING BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) SHALL BE THE LESSER OF (I) THE AMOUNT YOU PAID TO
USE THE APPLICATION, OR (II) IF APPLICATION WAS FREE, THE LUMP SUM OF $100 CAD.
THE LEGAL RIGHTS OF THE RESTAURANT TO RECOVER DAMAGES OR OTHER COMPENSATION
UNDER THESE TERMS ARE RESERVED.
EXTERNAL LINKS
AND THIRD-PARTY SERVICES
The APPLICATION can lead to
websites, downloadable material, content, social media or other digital
services (collectively "THIRD-PARTY SERVICES") or allow you to use
them. These THIRD-PARTY SERVICES may have separate terms and conditions or
policies on the protection of personal information that you should read and
understand before using them. The RESTAURANT is not responsible for the content
of such downloadable material or external sites, has no control over them, does
not approve the services of these third parties and is not
professionally
or personally tied to these THIRD-PARTY SERVICES. You understand and agree that
the RESTAURANT cannot guarantee and does not warrant that files or software of
any kind, or from any source whatsoever, that are available for download via
the APPLICATION are free from computer viruses, Trojan horses, code, defects,
logic bombs or any other destructive measures that may be transmitted to our
APPLICATION or its intermediary.
USER
SUBMISSIONS AND UNSOLLICITED IDEAS
User submissions: Some online services may
allow you to send comments, remarks, suggestions,
ideas, graphics, pictures, questions, complaints or other information published
or communicated to the RESTAURANT by the APPLICATION (collectively "SUBMISSIONS").
You understand that by sending all SUBMISSIONS to the RESTAURANT through the
APPLICATION, you grant the RESTAURANT perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, transferable license to use, reproduce, distribute,
sub-contract to others, modify, translate, prepare derivative works of, display
advertising and publicly publish submissions, including using them for any
commercial or other purpose without your approval or compensation, or approval
or compensation from any other person. The RESTAURANT will not be required to
treat any SUBMISSION as confidential.
Unsolicited
ideas: The RESTAURANT has a policy not to accept unsolicited ideas.
While we appreciate that you took
the time to think of the RESTAURANT, we are not able to consider new ideas from
outside the RESTAURANT’s system. You expressly waive any claim against the
RESTAURANT and against any member of the RESTAURANT’s system pertaining to the
evaluation, use or development by the RESTAURANT of any product, design, concept
or other similar material to your SUBMISSION, now or in the future. The
RESTAURANT and its affiliates, franchisees, agents, representatives and agents,
and their directors, officers and employees are collectively referred to as
"MEMBERS OF THE RESTAURANT’S SYSTEM."
TERMINATION
The
RESTAURANT may terminate, at its sole discretion, these TERMS at any time, for
any reason and without giving you prior notice by putting the APPLICATION out
of service. You may terminate these TERMS at any time for any reason without
giving prior notice to the RESTAURANT by uninstalling the application from your
device or by ceasing to use the application on the RESTAURANT’s website.
EVENTS BEYOND
OUR CONTROL
NEITHER THE
RESTAURANT OR ANY MEMBER OF THE RESTAURANT SYSTEM HAS THE RESPONSIBILITY OF
FAILURE TO FULFILL ANY OBLIGATION HEREUNDER BY REASON OF ANY EVENT OUT OF
REASONABLE CONTROL REGARDING THE RESTAURANT OR IN CONNECTION WITH IT. If such
an event occurs, the obligations of the RESTAURANT under these TERMS will be
suspended for the duration of the event; the RESTAURANT may, but is not obliged
to,
implement
all reasonable efforts to find a solution that its obligations hereunder may be
exercised despite the event.
ENTIRE
AGREEMENT
These TERNS,
including all additions and all updates, constitute the entire agreement
between the parties regarding the use of the APPLICATION.
CHANGES
The
RESTAURANT may revise these TERMS at any time and in its sole discretion by
changing these TERMS in the APPLICATION. The changes will be effective
immediately when we publish a revised version of these TERMS. You are
responsible for checking these TERMS periodically to ensure that you agree with
these changes. By continuing to access the APPLICATION or use after such
changes have been made to the TERMS, constitutes your acceptance of the
changes.
TRADEMARK
INFORMATION AND COPYRIGHT
The RESTAURANT’s intellectual property: The
trademarks, logos, icons and illustrations of the products used in the APPLICATION include the registered trademarks,
unregistered trademarks and copyrights of the RESTAURANT and its affiliates.
They may not be reproduced or used as hyperlinks without the express written
consent beforehand from the RESTAURANT. The content, website design and
APPLICATION, including text, images and documents, are protected by copyright
laws. No reproduction or redistribution of the website and/or the APPLICATION,
in whole or in part, are permitted without the prior express written consent of
the RESTAURANT. All other trademarks used in the application are the property
of their respective owners.
VARIA
Each of the
TERMS hereunder is divisible and operates separately. If one of them is
unlawful, void or unenforceable, the other TERMS will retain their full effect.
If the RESTAURANT does not insist that you fulfill any obligation hereunder or
if the RESTAURANT fails to defend its rights against you, or delays in doing
so, it will not mean that the RESTAURANT has waived its rights against you and
that you are not required to comply with these obligations. The RESTAURANT may
transfer its rights and obligations under these TERMS to another company or
entity, but it will not affect your rights and our obligations under these
terms. You can only transfer your rights or obligations regarding these TERMS
to another person only if the RESTAURANT provides express written consent.
SUPPORT
SERVICES
If you have questions or comments about the
application, please contact the RESTAURANT.
These TERMS
incorporate and complement the Terms and Conditions of Apple Inc. (
"Apple") (available at
http://www.apple.com/legal/itunes/us/terms.html#service ), including, without
limitation, end-user Terms of Application granted under license ( "APPLE
TERMS"). If the APPLICATION that you access and use is an Apple app:
It is only
possible to access the Apple APPLICATION and use it on a device that belongs to
you or you control and using the Apple iPhone OS. You acknowledge and agree
that Apple has no obligation to provide support or maintenance for the Apple
APPLICATION. If you have any maintenance issues or need support on the Apple
APPLICATION, please contact the RESTAURANT, not Apple, using the information
above for support services. Even if these TERMS are between you and the
RESTAURANT (not Apple), Apple, as a third party beneficiary under these TERMS,
shall have the right to enforce these TERMS against you based in Apple’s terms.
Except where expressly stated in these TERMS, all requests for the possession
or use of the Apple APPLICATION are between you and the RESTAURANT (not between
you, someone else, and Apple). Regarding any request by a third party that your
possession or use (under these TERMS) of the Apple APPLICATION infringes any
intellectual property, Apple will not be liable to you regarding this request.
You declare and warrant that: you are not located or planning to be located in
a country subject to an embargo by the US government or that has been
designated by the US government as a "terrorist supporting" country.
You declare and warrant that you are not on one of the lists of prohibited or
restricted entities of the US government. If the Apple APPLICATION you
purchased does not meet the guarantees applicable there, you can inform Apple,
which will refund the purchase price of the Apple app subject to Apple’s Terms
and Conditions in effect. Subject to the above provisions, and within the
limits permitted by law, Apple does not offer and does not accept warranty,
condition or other term with regard to the Apple APPLICATION and will not be
responsible for demands, losses, costs or expenses of any nature whatsoever in
connection with the Apple APPLICATION or as a result of your use or the use of
anyone of the Apple APPLICATION or any of its contents.
All rights reserved to the RESTAURANT.