BonApp™ Terms of Service
LAST UPDATED: 4 November 2015
This website or mobile device from which you are accessing these Terms of Service (“Site”) is created and maintained by BonApp™ (a service offered by MTY TIKI MING ENTREPRISES INC.), referred to below as (“MTY”, “we” or “us”), a Canadian Federal Corporation.
MTY is a company registered in Quebec, Canada. MTY provides BonAppTM (“App”) – a way for you to discover restaurants, browse menus, and order and pay from your smartphone (“Services”).
ACCCEPTANCE OF TERMS OF SERVICES
This document tells you the terms and conditions that apply to the provision of our services (“App Terms”) through BonApp™ – our mobile App.
By accessing or viewing the App or Site, you agree to these Terms of Service and to any additional rules that we may post from to time to time on the App or Site. These Terms of Service represent an ongoing contract between you and BonAppTM and apply to your use of the BonAppTM App and website for the duration of its use.
Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
CHANGES TO TERMS OF SERVICES
We may make changes to these Terms of Services (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Services on the Site. You can determine when we last changed these Terms of Services by referring to the “LAST UPDATED” legend above. Any such modification will be effective upon our posting of new Terms. Your access to or use of the App or Site following changes to these Terms of Services will constitute your acceptance of those changes. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
BonAppTM may make available via the Site content, including (but not limited to) information, comments unless otherwise stated, the copyright and other intellectual property rights in the App (including without limitation photographs and graphical images) (collectively, the “Services Materials”) are owned by TI or Restaurants or other licensors. The Services Materials are protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada and world-wide, and all rights therein are reserved. For the purposes of these Terms, any use of the Services Materials other than in accordance with this Section is prohibited.
You are only permitted to print and download extracts from this Website for your own personal use in association with the Services, and on the following basis:
- You shall not modify the digital or paper copies of the Services Materials that you print and/or download and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- You shall ensure that the status of MTY and/or the applicable Restaurants as the authors of the Services Materials is always acknowledged.
Except as stated above, you shall not copy, reproduce, modify, republish, distribute, transmit, display, frame, download or sell the Services or the Services Materials in any form or by any means, in whole or in part, without MTY’s prior written consent.
You shall not use the Services or the Services Materials for commercial purposes without obtaining a specific license from MTY to do so. Except as stated above, no part of these Services may be reproduced or stored in or on any other website or included in any public or private electronic retrieval system or service without MTY’s prior written permission. Any rights not expressly granted in these Services Terms are reserved.
If you use the BonApp™ app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The BonApp™ App sells products that people can purchase with a credit card. BonApp™ and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
While MTY tries to ensure the App and its Services are available twenty-four (24) hours a day, MTY shall not be liable if the App or Services are unavailable at any time or for any period. Access to the Services may be suspended temporarily and without notice.
As the transmission of information via the Internet is not completely secure, MTY will take steps to protect your personal information and other information you transmit to us, however, cannot guarantee the security of the data transmitted to the Services and any and all transmission of information is at your own risk. You may stop using the Services at any time without prior notice to us.
VISITORS MATERIAL AND CONDUCT
While MTY tries to ensure that information on the App is correct and current, we do not promise it is always accurate, current or complete. MTY may make changes to the material on the App, at any time without notice. The material on the App may be out of date, and MTY makes no commitment to update that material. In particular, we do not guarantee that the information provided by the Restaurants and displayed through the App such as the menus, pricing and estimated times and collections is correct or up to date.
MTY provides you with access to the App on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms might apply in relation to the App). MTY does not warrant that the App or any content will be uninterrupted or error-free, that defects will be corrected or that the App or the servers hosting the App Services will be free of viruses or other harmful components. You are responsible for the security of your password that you used to register with the App. Unless MTY negligently discloses your password to a third party, MTY will not be liable for any unauthorized transaction entered into using your name and password.
PLEASE NOTE: Whilst MTY goes to great effort to provide accurate information, item names, descriptions, prices, heat and allergenic warnings on this website, the menus are ultimately provided by the Restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.
These Terms of Service are effective until terminated. You agree that MTY may terminate or suspend (at our absolute discretion) your access to or use of the App and services or any portion thereof, at any time, if you breach these Terms of Services, or we reasonably believe that you have breached these Terms of Services, subject to any restrictions placed on our exercise of such rights under applicable law by notifying you in writing (including by email).
Upon any such termination or suspension, your right to use the App and its Services will immediately cease. You agree that any termination of your access to or use of the App and its Services may be effected without prior notice to you. You further agree that neither we, nor our affiliated entities will be liable to you or any third party for termination of your access to or use of the App.
While we endeavor to maintain the information on this Site accurate and up-to-date, you acknowledge that this Site and all Content, information and materials made available through this Site are provided to you “as is” without any express warranties or representations of any kind.
BonAppTM, its affiliated companies and the officers, directors, employees, shareholders or agents of any of them shall not be liable or responsible for any amount or kind of loss or damage that may result to you or a third party (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable or if MTY is expressly advised of the possibility of such damage) in connection with the App and its Services or in connection with the use, inability to use or the results of use of the App and its Services.
MTY, and any of our affiliated companies and the officers, MTY takes full responsibility for the content of the App and its Services and for the communication of orders to the Restaurants as set out in these App Terms. MTY’s customer care team will, subject to your compliance with these App Terms and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your orders to Restaurants via the App and its Services including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Restaurants that you place your order with and not with MTY. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the applicable Restaurants. MTY cannot give any undertaking that the food and beverages ordered from Restaurants through the App and its Services will be of satisfactory quality and MTY disclaims any such warranties. MTY can neither give an undertaking that the estimated delivery and collection times stated on the Services are accurate. These disclaimers do not affect your statutory rights against the Restaurants.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from MTY’s negligence, nor MTY’s liability for fraudulent misrepresentation, nor any other liability, which cannot be excluded or limited under applicable law. Nothing in the Terms affects your statutory rights.
With the exception of any liability referred to above, MTY’s total liability to you in relation to your use of the App and its Services that we provide including (but not limited to) liability for breach of these App Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or CDN $100.00, whichever is the lower.
If your use of material on the App and its Services results in the need for servicing, repair or correction of equipment, software or data, you shall assume all associated costs.
You agree to defend, indemnify and hold harmless MTY, 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 Terms or your violation of any law or the rights of any third party with respect to the App and its Services. MTY 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 MTY.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Disputes arising in connection with these Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Quebec.
If any provision or part of a provision of these App Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these App Terms and the remainder of these App Terms will continue to apply.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
The headings in these App Terms are included for convenience only and shall not affect their interpretation.
INTENDED USE OF SERVICES
This App, its features and content are for personal and non-commercial use only. You may not use or otherwise exploit the App and/or any Features or Content in connection with any business or commercial undertaking (whether or not for profit). Your use of the App and/or Features must at all times comply with all applicable laws, rules and regulations.
We welcome visitors of all ages to use this App. Certain aspects of the App, its features or its Content may, however have age restrictions based on what is appropriate ordering for certain ages or what is legally permitted by law according to the restaurants. Where age restrictions apply, you may be asked by the restaurant to verify your age before being served. By accessing and/or using the App, you affirm that you are of legal age to enter into these Terms of Service or, if you are not, that you have obtained parental or guardian consent.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.