Terms of use HungryEats INC. OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.HUNGRYEATS.COM (“WEBSITE”) AND THE HUNGRYEATS MOBILE APPLICATION (THE “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. BY USING THIS WEBSITE AND/OR THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY HUNGRYEATS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE. I. TERMS AND CONDITIONS OF USE AND SALE 1. INTRODUCTION AND OUR ROLE 1.1. Company details: hungryeats.com is a company registered in Calgary, Canada . 1.2. Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the Website (the "Service"). Please see paragraph 11 for important information regarding the legal relationship between you, hungryeats.com and the Restaurants. 2. WEBSITE ACCESS AND TERMS 2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone. 2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website. 2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us. 2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them. 3. YOUR STATUS 3.1. Capacity and age: By placing an Order through the Website, you warrant that: 3.1.1. You are legally capable of entering into binding contracts; and 3.1.2. You are at least 18 years old. 4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED 4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected. 4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you should contact the Restaurant or, if you are unable to reach the Restaurant, our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order. 4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant. 4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants 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 Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. 4.5. Delivery of your Order: Estimated times for deliveries and pick-ups are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for pick-up within the estimated times. 5. PRICE AND PAYMENT 5.1. Sales tax, delivery and online payment costs: Prices will be as quoted on the Website. These prices will have applicable sales taxes applied at checkout, but may exclude delivery costs (if you opt for delivery instead of pick-up) and any online payment administration charges (if you pay for your Order online). These will be added to the total amount due where applicable. 5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. 5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to you. 5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card. 12. LIABILITY 12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights. 12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for: 12.2.1. any loss of profits, sales, business, or revenue; 12.2.2. loss or corruption of data, information or software; 12.2.3. loss of business opportunity; 12.2.4. loss of anticipated savings; 12.2.5. loss of goodwill; or 12.2.6. any indirect or consequential loss. 12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or C$100, whichever is lower. 12.4. 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 Website, 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. 12.5. Indemnity: You agree to defend, indemnify and hold harmless Menu Express, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Website Terms or your violation of any law or the rights of any third party with respect to the Website or the Services. Menu Express reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Menu Express. 3. DISCLOSURE OF YOUR PERSONAL INFORMATION 3.1. The Personal Information you provide to us will be held on our servers which may be in or outside Canada (including in particular the United Kingdom and other countries in the European Economic Area), In addition, your Personal Information may be accessed by or given to our staff working outside Canada and/or to third parties including companies within the Menu Express group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you. For example, we may send Personal Information outside of Canada for processing and storage by other companies within the Menu Express group of companies or by their service providers. 3.2. While your Personal Information is out of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside Canada and the European Economic Area do not always have equivalent strong data protection laws irrespective of the safeguards we have put in place for the protection of your information in accordance with this Privacy Policy. 3.3. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your Personal Information to any Restaurants that you have placed an Order with so as to allow the Restaurant to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. 3.4. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about other products or services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in paragraph 8 below and/or by amending your profile accordingly. 3.5. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the target company, our new business partners or owners or their advisors provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.. 3.6. We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Website Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organisations for the purposes of fraud protection and prevention. 3.7. We will always take steps to ensure that your Personal Information (if we provide it to third parties who provide services to us) will be treated in accordance with this Privacy Policy, including ensuring that third parties are contractually required to comply with this Privacy Policy. 5. SECURITY AND DATA RETENTION 5.1. We take technical, administrative and physical security steps designed to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We have implemented procedures designed to limit the dissemination of your Personal Information to only personnel with a business "need-to-know" or whose duties reasonably require such information. 5.2. We will keep your information as long as necessary to fulfil the purposes for which that Personal Information was collected, and as permitted or as required by law. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-Personal Information, or account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints. 5.3. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password. 5.4. The transmission of information via the internet is not completely secure. Although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information or other data transmitted to the Website; any transmission is at your own risk. Once we have received your Personal Information, we will use organizational and technical safeguards to try to prevent unauthorised access. Please also note that the Website contains links to third party websites, which are not governed by this Privacy Policy, and Menu Express is not responsible for the collection, use or disclosure of Personal Information by such third party websites. 6. ACCESSING AND UPDATING 6.1. You have the right to see the Personal Information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavour to deal with all requests for access and modifications in a timely manner. We will advise you in writing if we cannot meet your requests within this time limit. 6.2. If you wish to do this, please contact us using the contact details set out in paragraph 8 below. We will charge you a fee to meet our administrative costs in providing this information to you. 6.3. Please note that we may request that you provide sufficient identification before we provide you with the Personal Information that we hold. Any such identifying information shall be used only for this purpose. 7. CHANGES TO OUR PRIVACY POLICY 7.1. This Privacy Policy is current as of the "last revised" date which appears at the top of this page. Your continued use of the Website and Service after any change of our Privacy Policy will constitute your acceptance of the revised terms of this Privacy Policy and accordingly, we will treat Personal Information in a manner consistent with the latest version of the Privacy Policy after any period notifying you of changes to the Privacy Policy has passed. 7.2. Any changes to our Privacy Policy will be posted to the Website. 8. CONTACT 8.1. You can help by keeping us informed of any changes such as a change of delivery address for Orders or telephone number. If you would like to access your information, if you have any comments, queries and requests relating to our use of your Personal Information or if you find any errors in our information about you, please contact us at info@hungryeats.com