Terms & Conditions/Privacy Policy

Terms and Conditions1. IntroductionThis platform is operated by Click2Order Software Solutions Inc.. The terms “we”, “us” and, “our” refer to Click2Order Software Solutions Inc.. The use of our platform is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our platform. Please review the Terms carefully. The Terms apply to all users of our platform, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this platform, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our platform, use any of our platform’s services or place an order on our platform.2. Use of our PlatformYou agree to use our platform for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.You agree to not use our platform to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our platform’s network or security features or to gain unauthorized access to our systems.You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details to contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.3. General ConditionsWe reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the platform, including terminating, changing, suspending, or discontinuing any aspect of the platform at any time, without notice. We may impose additional rules or limits on the use of our platform. You agree to review the Terms regularly and your continued access or use of our platform will mean that you agree to any changes.You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our platform or for any service, content, feature, or product offered through our platform.4. Products or ServicesAll purchases through our platform are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our platform or limit the sales of our products or services to any person, household, geographic region or jurisdiction.Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our platform are quoted in Canadian dollars.We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.5. Links to Third-Party PlatformsLinks from or to platforms outside our platform are meant for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our platform, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.6. Use Comments, Feedback, and Other SubmissionsYou acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute, or share on or through our platform or services available in connection with our platform. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership.You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.You agree that you will not post, distribute, or share any Content on our platform that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene nor will it contain any malware or computer virus that could affect our platform’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.We reserve the right to terminate your ability to post on our platform and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.7. Your Personal InformationPlease see our Privacy Policy to learn about how we collect, use, and share your personal information.8. Errors and OmissionsPlease note that our platform may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.We do not undertake to update, modify, or clarify information on our platform, except as required by law.9. Disclaimer and Limitation of LiabilityYou assume all responsibility and risk with respect to your use of our platform, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our platform, including without limitation, all content and materials, and functions and services provided on our platform, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our platform or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our platforms or the servers that make our platform available are free of viruses or other harmful components.The use of our platform is at your sole risk and you assume full responsibility for any costs associated with your use of our platform. We will not be liable for any damages of any kind related to the use of our platform.In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our platform or the content or material or functionality through our platform, even if we are advised of the possibility of such damages.Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.10. IndemnificationYou agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our platform, your violation of the Terms, or the posting or transmission of any materials on or through the platform by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.11. Entire AgreementThe Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.12. WaiverOur failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.13. HeadingsAny headings and titles herein are for convenience only.14. SeverabilityIf any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.15. Governing Law Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our platform, or our products or services offered on our platform will be resolved in accordance with the laws of the Province of New Brunswick without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our platform must be brought before the courts of the Province of Nova Scotia, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.16. Questions or ConcernsPlease send all questions, comments and feedback to us at support@click2order.ca

PRIVACY POLICYWe are committed to protecting the privacy of all visitors to the Website, including all visitors or users who access the Website or Service through any web application, mobile application or other platform or device. Please read the following Privacy Policy carefully which explains how we collect, use and protect the Personal Information (defined below) that we collect about you.As an organization engaged in commercial activities, we are committed to complying with the Personal Information Protection and Electronic Documents Act Canada, and with any other Canadian privacy laws applicable to our operations.By visiting and/or ordering services or using the Website, you acknowledge and agree that you have read and understand this Privacy Policy, and consent to the collection, use and disclosure of your Personal Information under the terms of this Privacy Policy. In most cases, we will ask you to provide explicit consent (through agreeing to a revised version of this Privacy Policy) if we intend to collect, use or disclose your Personal Information otherwise than as indicated in this Privacy Policy, however sometimes your consent may be implied through your conduct with us.1. INFORMATION THAT WE COLLECT FROM YOU1.1. When you use the Service to make an Order from a Restaurant through the Website you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address), payment information (such as credit or debit card information) and/or other personally identifiable information (the "Personal Information"). Personal Information does not include business information such as a business address, business title, professional designation(s) or business telephone number. We may also collect information about your usage of the Website and Service and Personal Information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Collection of Personal Information will be limited to that which is necessary for the purposes for which it was provided and/or as provided under this Privacy Policy and will be collected by fair and lawful means.1.2. By accessing click2order™ information and/or the Website or Service using mobile digital routes such as, but not limited to, mobile phones, tablets, laptops or other wireless devices/technology including mobile applications, then you acknowledge and agree that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect non-personal device information (such as technical information) from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of near field communication (NFC) Tags, quick response (QR) Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any click2order™ mobile application, through your mobile's browser or otherwise.1.3. We may also collect some personal information through system logs and cookies. For further information on our practices in relation to cookies, please refer to article 4 below.2. USE OF YOUR PERSONAL INFORMATION2.1. Your Personal Information will enable us to provide you with access to parts of the Website reserved for registered users, to supply the Service and provide feedback and answer your questions if you contact us. It will also enable us to bill you and enable us and/or a Restaurant with whom you have placed an Order to contact you, where necessary, concerning the Service. For example, we and/or the Restaurant may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.) and to deliver an Order. We will also use and analyse the Personal Information we collect so that we can administer, support, improve and develop our business, for any other purpose notified to you whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.2.2. We may use your Personal Information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service. You cannot opt out of receiving notifications of important changes or developments (eg. to this Privacy Policy or the Terms and Conditions) unless you discontinue use of the Website or Service.2.3. Where you have consented, you agree that we may use your Personal Information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by telephone, SMS, as well as by e-mail. It is always your choice whether to continue receiving such marketing materials and updates from click2order™ and if you no longer wish to receive such information, you should refer to the unsubscribe process on our newsletter and email communications.2.4. Where you have indicated accordingly, you agree that we may also share Personal Information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) which may use your Personal Information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you. Personal Information shared with such third parties will be used in accordance with such third parties’ own privacy practices which click2order™ does not have control over so you should review such privacy practices before agreeing to have your Personal Information shared with such third parties.2.5. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in article 8 below and/or amending the permissions section of your profile accordingly.2.6. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us using such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside, and any other information that you may from time to time consent to us disclosing.2.7. Personal Information may be logged and cross referenced to reviews for, but not limited to, the administration of the Visitor Material Policy, and may be provided to law enforcement where applicable.  2.8. This Privacy Policy does not apply to other web sites that we have linked to our web site. We try to link only with web sites that share our values, however, you should check the privacy policy of any linked web site to understand their personal information collection practices. We are not responsible for the content or information collection policies of such web sites.3. DISCLOSURE OF YOUR PERSONAL INFORMATION3.1. The Personal Information you provide to us will be held on our servers which may be in or outside Canada. In addition, your Personal Information may be accessed by or given to staff working outside Canada and/or to third parties including companies within the click2order™ 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 click2order™ 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 article 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 Terms and Conditions 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.4. COOKIES4.1. We use cookies to improve the quality of our Website and Service, and to try and make your browsing experience meaningful. When you enter our Website our web server sends a cookie to your computer which allows us to recognise your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when for example you log-in to the Website, then we know that the cookie information relates to you. By using this Website, you consent to our cookie settings and agree that you understand the cookies policy set forth in this article 4, which explains how you can manage your cookie choices and preferences.4.2. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.4.3. Some of the cookies used by our Website are served by us, and some are served by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on our site you may not be able to take full advantage of our site if you do so.4.4. This Privacy Policy provides you with further details about how we use any personal information you give us, although not all information captured by using cookies will identify you.4.5. We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, the cookies policy set forth in this article 4 may be updated to reflect any such advances in technology and preference management tools.5. SECURITY AND DATA RETENTION5.1. 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 click2order™ is not responsible for the collection, use or disclosure of Personal Information by such third party websites.6. ACCESSING AND UPDATING6.1. You have the right to see the Personal Information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date by making an Access Request. 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 article 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 POLICY7.1. 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 have passed.7.2. Any changes to our Privacy Policy will be posted to the Website.8. CONTACT8.1. 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 support@click2order.ca