Terms of Service

Canuck Eats Inc.

CANUCK EATS INC. (“CANUCKEATS”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.CANUCKEATS.COM (“WEBSITE”) AND THE CANUCKEATS 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 CANUCKEATS 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.IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

  1. The Service

The Canuck Eats service allows users to place orders for food delivery and take out from restaurants in select cities as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, Canuck Eats does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to food quality or timely delivery.

  1. Registration

In order to place orders through the Service (each an “Order”), you must create an account on the Website and/or App to enter your delivery and payment information, where you will agree that Canuck Eats will store your delivery information in order to provide the Service to you. By creating an account, you will be able to review your previous Orders and enjoy other member features of the Service. You must be the credit card holder in order to place Orders through the Service. Personal information provided by you on registration is handled by us in accordance with the terms of our Privacy Policy.

  1. Processing Orders

Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate.

  1. Delivery of Orders

When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Canuck Eats offers no guarantee by this time. Canuck Eats is not responsible for any delays in receiving your Order for any reason.

  1. Price and Payment

Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

  1. Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Canuck Eats, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Canuck Eats does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Canuck Eats be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

  1. Restrictions on User Content and Use of the Service

Canuck Eats reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. 

In using the Website, App and/or Service You shall not:

    1. copy any content unless expressly permitted to do so herein;
    2. upload, post, email, transmit or otherwise make available any material that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      2. You do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
      6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
    3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
    5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    7. collect or store personal data about other users or viewers;
    8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
    9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.


You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

  1. License of Content to Canuck Eats and other Users

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Canuck Eats will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

  1. End User License

Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Canuck Eats and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, Canuck Eats grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Use gives you a right to use the Canuck Eats names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Use.

  1. Apple App Store and Google Play Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using the App from the Apple App Store and/or Google Play Store. To the extent the other terms and conditions of this Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from the Apple App Store and/or Google Play Store. You acknowledge and agree that:

You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.

  1. Feedback

If You provide Canuck Eats with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), Canuck Eats may use such Feedback in the Website, App, Service and/or in any other Canuck Eats products or services (collectively, "Canuck Eats Offerings"). Accordingly, You agree that: (a) Canuck Eats is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Canuck Eats, (c) Canuck Eats (including all of its successors and assigns and any successors and assigns of any of the Canuck Eats Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Canuck Eats Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

  1. Advertising

You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Canuck Eats shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

  1. Refer a Friend Program Terms

As a Canuck Eats account holder, you are entitled to voluntarily participate in the Canuck Eats Refer a Friend Program. A unique alphanumeric code is assigned to your Canuck Eats account, referred to as your personalized referral code (“Referral Code”). You can earn Canuck Eats credit by inviting your friends with your Referral Code. You will earn the referral credit once your friend (“Referred User”) has completed an eligible order on Canuck Eats (which the terms of an eligible order may change at any time at Canuck Eats’ sole discretion). The referral credit will be applied automatically against your food/beverage total on your next Canuck Eats order, up to and including the food/beverage total before taxes, tip, and delivery fee. If any credit happens to remain after being applied to the order, that credit will remain on your account. Canuck Eats referral credits are subject to expiration and must be used within the timeframe, if stated. The amount of referral credits earned and redeemed are subject to change at any time at Canuck Eats’ sole discretion. By participating in the Refer a Friend Program, you specifically agree to accept and consent to receiving email or text communications from Canuck Eats, which may include notification emails or informational emails of promotions or features that we offer. You will always have the right to unsubscribe to any of our mailings. 

This personalized referral code should only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your personalized referral code via Search Engine Marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with Canuck Eats or the Service to any third parties, and you will not make any warranty or representation on behalf of Canuck Eats. You are not allowed to refer yourself or members of your household for the purposes of earning referral credit. 

Canuck Eats reserves the right, at its sole discretion, to deactivate your account(s) and revoke the referral credits of any Account Holder it finds or believes to be earning or using referral credits against these Terms and/or manipulating or abusing these Terms. 

Canuck Eats reserves the right at its full discretion to modify, delete, or add to these Terms at any time without prior notice. The Canuck Eats Refer a Friend Program may be suspended, modified, or withdrawn at any time without notice.

  1. Links & Third-Party Websites

The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Canuck Eats. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Canuck Eats of that third party, third party product or service. Canuck Eats is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Canuck Eats endorses or accepts any responsibility for the content or use of such websites, and You hereby release Canuck Eats from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. 

While Canuck Eats does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. Canuck Eats reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

  1. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CANUCKEATS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CANUCKEATS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND CANUCKEATS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CANUCKEATS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. CANUCKEATS WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
  2. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL CANUCKEATS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF CANUCKEATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CANUCKEATS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID CANUCKEATS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  3. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD CANUCKEATS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE, ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY RESTAURANT OR INDEPENDENT COURIER CONTRACTORS THAT PROVIDES SERVICES THROUGH THE CANUCKEATS SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.
  4. Termination

Canuck Eats may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Canuck Eats (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Canuck Eats), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Canuck Eats in its sole discretion and that Canuck Eats shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Use by Canuck Eats shall be in addition to any and all other rights and remedies that Canuck Eats may have.

  1. Availability & Updates

Canuck Eats may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Canuck Eats may periodically add or update the information and materials on this Website without notice.

  1. Security

Information sent or received over the Internet is generally unsecure and Canuck Eats cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Canuck Eats will not be liable for any loss or damage arising from your failure to comply with these requirements.

  1. General

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Canuck Eats. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Canuck Eats to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Canuck Eats must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Canuck Eats’s prior written consent. We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of Manitoba without regard to choice of law principles. 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@CanuckEats.com.

Effective Date: November 1, 2020

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