Terms And Conditions
CRASHMEAL SERVICES iNC.
Our Services enable you to connect and place orders with restaurants and other food providers who advertise their goods through the Services (each, a “Food Point”) and arrange for delivery of your order based on your instructions. By using our Services, you expressly acknowledge and agree that:
- all Food Points operate independently from us, and they are solely responsible for approving any order you submit through our Services;
- all orders are delivered by independent delivery service providers, who are responsible for picking up your order from Food Points and delivering it based on your instructions; and
- we are not involved in the preparation and packaging of food and/or beverages or delivery of your order.
Food Points are required to comply with applicable local, provincial and federal laws, regulations and standards, including in respect of the preparation, marketing, and sale of food and beverages. Food Points are solely responsible for providing accurate and current information about their menu offerings, including meal descriptions, ingredients allergy, and dietary warnings and other information. Menus and other Food Point-related information on the Crashmeal platform are content provided by the Food Points, which we make available on the platform. If you have any questions about a menu offering, we recommend you contact the Food Point directly before you order. Accordingly, we cannot be held liable for, and you expressly release us from any liability related to or arising from, food and beverage quality, preparation or safety that you order through our Services.
- Privacy and Use of Data
By using or accessing our Services, you represent and warrant that:
- you are at least 19 years old and can lawfully enter into and form contracts in accordance with local laws; or
- Your Account
Some of our Services, including many areas our Website, can be used without registering for an account. However, to place orders with Food Points and access member-only areas of our Services, you must register an account with us by providing your contact details and delivery, payment and other requested information.
If you register for an account to use our Services, you agree:
- to create only one account for your personal use;
- that your account and password are personal to you;
- to provide and maintain accurate, current and complete information about yourself, including contact payment information; and
- not to impersonate, or misrepresent your connection with, any person, including using another person’s username, name, likeness or account information or provide false details on behalf of a parent or guardian.
You are entirely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You must immediately notify us of any suspected or actual unauthorized use of your account. We will not be liable for any loss or damage that you may incur because of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
- Your use of our Services
- to be solely responsible for all charges you incur using our Services;
- to be solely responsible for your interaction with other users of our Services, whether online or offline. You agree that neither we nor any third party is responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users;
- not to submit or upload content that is defamatory, harassing, threatening, hateful, violent, vulgar, obscene, pornographic or sexually suggestive, illegal or otherwise offensive, that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, harms or can reasonably be expected to harm us or any other person or expose either to liability;
- not to transmit, or procure the sending of, any advertising or promotional material via our Services without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
- not to use any device, software or routine or otherwise interfere or attempt to interfere, whether directly or indirectly, with the proper working of our Services, introduce any viruses, Trojan horses, worms or other materials that are technologically harmful or solicit or otherwise attempt to collect, store or disseminate passwords;
- not to use our Services in any way that violates any applicable federal, provincial, local or international law or regulation (including any laws regarding the export of data or technology to and from Canada or other countries);
- not to advertise to any products or services with the information collected from the Services without specific authorization given by us in writing;
- not to write reviews which are misleading or serve a purpose or intent which does not accord with the spirit of our Services;
- not to gain any inadvertent commercial benefit by attempting to manipulate or act in bad faith by copying, publishing, or redistributing any coupon or discount code;
- not to threaten, annoy, harass, badger any of our employees, agents, contractors or anyone who is providing the Services;
- not to interfere with or violate the security of the Services, including any related accounts, passwords, system resources, servers, databases or networks connected to or accessible through the Services; and
- not to use the Services for any illegal activities or purposes in any way intentionally or inadvertently conflict with the applicable laws, rules, and regulations.
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services for your personal, non-commercial purposes. You may not sell, transfer, redistribute or sublicense our Services. You agree not to copy, decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of our Services, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with our Services). You may use any materials or other information (collectively, “Materials”) provided to you as part of our Services solely in connection with your use of our Services.
If you have downloaded the App from Apple’s App Store, you may only use the App on an iPhone, iPod Touch, iPad or other compatible Apple devices that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service (“Usage Rules”). This license does not allow you to use the App on any Apple device that you do not own or control, and except as provided in the Usage Rules, you may not copy, distribute or make the App available over a network where it could be used by multiple devices at the same time. If you sell your Apple device to a third party, you must remove the App from the Apple device before doing so.
- Your Orders
After you have created an account, you will be able to place orders with Food Points and arrange for the delivery of your orders. After you have finished selecting items and reviewed the items in your order, you will be directed to confirm your delivery details and select your method of payment. You are responsible for ensuring that your order, delivery details, and payment information is correct before confirming your order. If you require changes to your order or wish to cancel it, you can contact the Crashmeal Customer Support for the same.
Once your order is placed, it will be forwarded to the Food Point for approval. Food Points are solely responsible for approving orders that they receive and may, in their discretion, refuse to accept or fulfill an order you place with them. Once your order is approved, we will provide you with an order confirmation and estimated delivery window and payment for your order will be processed via your selected payment method.
Delivery charges are levied based on the distance between the delivery points and Food Points and estimated time of delivery. Delivery charges may vary during unforeseen weather conditions, traffic and other factors, but the delivery fee for your order will be confirmed at the time you place your order.
In the event of cancellation of an order, the Food Points are contacted by CrashMeal, and the refund is processed consequently. Our decision on refunds will be at our sole discretion and will be final and binding. All refund amounts if applicable will be credited to your account, in accordance with the terms stipulated by the bank which has issued the credit/debit card.
CrashMeal accepts payments with Visa, MasterCard, Discover, and American Express. When payment for your order is processed, it is final and non-refundable unless otherwise determined by us. Depending on the circumstances, we may offer you a refund or credits at our sole discretion. At the time of purchase, we will charge you, and you, in turn, allow us to charge, using the payment method you specify at the time of placing the order. If the payment method involves the use of a credit card, we may seek pre-authorization of the card to verify the validity and the credit available for the purchase. We, at our sole discretion, may provide different promotional offers with varying features and different rates to any of the users. Unless made to you, these promotional offers will not affect your obligation to pay the prices charged.
- Changes, Maintenance and Support
We reserve the right to change, modify, substitute, suspend or remove, without notice to you, our Services or any Materials or Content from time to time. Your access to our Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new functions or services. We will attempt to restore such access as soon as we reasonably can. You acknowledge that we have no obligation to provide any maintenance or support for our Services, except where required by applicable law.
- Suspension and Termination
If you no longer wish to have an account registered with us, you may terminate your account by signing in to your account and deactivating it.
Upon suspension or termination of your account, you will no longer be able to access the Services. If we have suspended your account or your account has previously been terminated by us, you are prohibited from creating a new account or otherwise using the Services unless you have obtained our prior written consent. Any promotional offers, credits or other benefits associated with your account will be forfeited immediately upon termination of your account.
- User Content
The Services may allow for user interaction, such as the ability to rate and post reviews of Food Points, products and other services (collectively, “User Content”). You are solely responsible for the User Content provided from your account on the Services and liable for any consequences flowing from posting User Content to our Services
By posting, uploading or transmitting User Content to the Services, you:
- represent and warrant that you own or otherwise have all necessary intellectual property and moral rights in and to such User Content and that your User Content will not infringe the rights of any third party;
- grant us a perpetual, transferable, royalty-free, irrevocable, non-exclusive right to use, display, copy, publish, translate and distribute the User Content concerning our business, without prior notification to or authorization from you; and
- consent and to our publication and use of your username /or other information, including your rating history, to associate User Content to you and for our business purposes.
Although we have no obligation to screen, edit or monitor any User Content that you post on our Services, we reserve the right, and have absolute discretion, to remove, screen or edit any content (including your User Content) posted or stored on our Services at any time and for any reason without notice or liability to you.
If you provide us with creative ideas, suggestions, proposals, plans or other materials (collectively, “Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Services any Feedback provided by you. You hereby waive any moral rights you have in your Feedback and disclaim any rights or attribution or otherwise that you have in or to your Feedback.
- Intellectual Property Rights
- Linked Materials
Materials provided through our Services may contain links to material on third-party websites (“Linked Materials”). Such Linked Materials are not under our control, and we are not responsible for the content of any Linked Materials. The links to other websites are provided for convenience purposes only, and we do not purport to sponsor, approve or endorse any of the Linked Materials.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA, MENU DESCRIPTIONS OR OTHER INFORMATION PROVIDED ON THE SERVICES IS ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
FURTHER, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED FROM THIRD PARTIES (INCLUDING FOOD POINTS OR DELIVERY SERVICE PROVIDERS) THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES, PRODUCTS OR GOODS, REMAINS SOLELY WITH YOU, TO THE FULLEST EXTENT PERMITTED BY LAW.
- Internet Delays
The Services may face unanticipated issues resulting in delays, limitations and other problems from the use of the Internet and communication methods. We are not responsible for any such delays, delivery failures, or other damage resulting from such problems.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL: (A) OUR TOTAL AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION ARISING FROM OR RELATING TO THESE TERMS OF SERVICE, YOUR USE OF OUR SERVICES OR YOUR OTHER INTERACTIONS WITH US EXCEED THE LESSER OF: (I) AMOUNTS ACTUALLY PAID BY YOU TO US IN THE 4 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) CAD $100.00; AND (B) WE, OUR AFFILIATES, EMPLOYEES, SUBCONTRACTORS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SERVICES, YOUR USE OR RELIANCE ON ANY MATERIAL OR CONTENT OR ANY CONSEQUENCES FLOWING THEREFROM. THE ABOVE LIMITATIONS OF LIABILITY APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- Governing Law
- Dispute Resolution
- The parties will initially use good faith efforts to resolve the Dispute informally through negotiation.
- If the Dispute is not resolved after 20 business days from the start of negotiations, the exclusive means for resolving the Dispute will be to refer it for confidential, binding arbitration before a single arbitrator agreed by the parties. If the parties cannot agree on the arbitrator within 15 days of the referral, the parties agree to ask the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint an arbitrator. The arbitration will take place in Vancouver, British Columbia, under the Arbitration Act (BC), and will follow the Domestic Commercial Arbitration Rules of the BCICAC. The arbitrator will have the right to decide how the costs of arbitration will be split between the parties. The arbitrator will have the discretion to accept any evidence the arbitrator considers appropriate and make any award the arbitrator considers fair and equitable, based on legal and equitable principles, including an injunction or an order for damages. The arbitrator’s award may be entered into the registry of the British Columbia Supreme Court in Vancouver, British Columbia, and enforced in the same way as a court order if the court in the enforcing jurisdiction allows.
- All Disputes must be resolved conducted on an individual basis and not in a class, consolidated or representative action.
- Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief for a breach by you of any intellectual property rights.
Access to our Services from locations where our Services, Materials, or Linked Materials are illegal is prohibited. It is your responsibility to determine whether your use of our Services is lawful, and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of our Services or any portion of our Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You represent and warrant that you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country and that you are not listed on any Canadian Government list of prohibited or restricted parties. You agree that the App will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you.
- Contact Us
Should you have any questions, complaints, or claims relating to our Services, please contact us by emailing [email protected] .