Feedback Inc. (the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

 

  • The types of information we may collect or that you may provide when you visit our Website or download, register for or otherwise utilize or receive the Application or our Services; and

 

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies only to information we collect in, on and through the Offering.

 

    This policy DOES NOT apply to information that:

 

  • Is provided to any third party (e.g., Restaurants) via the Application, including other applications or websites you may access through this Application.

    These third parties and their applications and websites may have their own privacy policies, which we encourage you to read before providing information on or through them.

 

    Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use our Application or Services. By downloading, registering with, or using the Application or our Services, you agree to our Terms, including this privacy policy. This policy may change from time to time (see“Changes to our privacy policy”]). Your continued use of this Application after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

  Undefined capitalized terms in this policy shall be as defined in the Offering Terms and Conditions located at – LINK TO TERMS.

 

Children Under the Age of 13  

    

The Application is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@feedbackapp.ca

 

Information We Collect and How We Collect It  

 

    We collect information from and about users of our Application:

 

  • Directly from you when you provide it to us.

  • Automatically when you use the Application.

 

    Information You Provide to Us.

 

    When you download, register with, or use this Application, we may ask you provide information:

 

  • By which you may be personally identified, such as name, postal address, email address, telephone number or ANY OTHER INFORMATION THE APPLICATION COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW]/any other identifier by which you may be contacted online or offline (”personal information”); and

 

  • That is about you but individually does not identify you.

    

This information includes:

 

  • Information that you provide by filling in forms in the Application. This includes information provided at the time of creating an account in the Application, posting User Content, requesting or receiving Services, or otherwise inquiring about, creating and fulfilling any Order.  We may also ask you for information when you enter a Promotion or when you report a problem or request support with the Application.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Details of transactions you carry out through the Application and of the fulfillment of your Orders. You may be required to provide financial information before placing an Order through the Application

  • Your search queries on the Application

    You may provide information to be provided, published or displayed (”Posted”) on or via other websites or applications that you access through the Offering (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

    Automatic Information Collection and Tracking.

 

    When you download, access, and use the Application, it may use technology to automatically collect:

 

  • Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Offering.

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

  • Stored Information and Files. The Application also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, personal contacts, and address book information.

  • Location Information. This Application collects real-time information about the location of your device.

    If you do not want us to collect this information, do not download the Application or delete it from your device.  For more information,  [see ‘How we use your information ’]. Note, however, that opting out of the Application’s collection of location information will cause its location-based features to be disabled.

 

    We also may use these technologies to collect information about your activities over time and across third-party websites, applications, or other online services (behavioral tracking).

 

 

    Information Collection [and Tracking] Technologies. The technologies we use for automatic information collection may include:

 

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access all or certain parts of our Application.

  • Web Beacons. Pages of the Application and our email may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages [or opened an email] and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

Third-Party Information Collection  

    When you use the Offering or its Content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties [may] include:

 

  • Advertisers, ad networks, and ad servers

  • Analytics companies

  • Your mobile device manufacturer

  • Your mobile service provider

  • Restaurants or other Goods providers

    These third parties may use tracking technologies to collect information about you when you use the Offering The information they collect may be associated with your personal information or they may collect information, including personal information, about your online or mobile activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly and/or refer to its terms or own privacy policy. [For information about how you can opt out of receiving targeted advertising from many providers, see [‘How we use your information’ & ‘Disclosure of your information’].]

 

How We Use Your Information  

    

We use information that we collect about you or that you provide to us, including any personal information, to:

 

  • Provide you with the Application and Content, and any other information, Orders or Services that you request.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • Notify you when Application updates are available, and of changes to any Goods offered or provided though it.

  • Analyze consumer buying patterns on a fully or partially aggregated basis for use in the Application or for future products and services whether for consumers or businesses.

    The usage information we collect also helps us to improve our Application and Services and to deliver a better and more personalized experience by enabling us to:

 

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Application according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the Application.

    We use location information we collect to fulfill your Orders and to provide you with relevant information, availability and offers as to possible future Orders.

 

    We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. For more information, see [‘How we use and your information’ & ‘Disclosure of your information’].

 

    We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

Disclosure of Your Information  

    

We may use or disclose aggregated information about our users, and information that does not identify any individual or device without restriction.

 

    In addition, we may disclose personal information that we collect or you provide:

 

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them in accordance wit this policy.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Feedback’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Feedback about users of our Offering is among the assets transferred.

  • To third parties to market their products or services to you if you have consented to these disclosures. For more information, see [‘How we use your information’ & Disclosure of your information].]

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  •  

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the Terms and for billing and collection.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Feedback, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Your Choices About Our Collection, Use, and Disclosure of Your Information  

   

 We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

 

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, all or some parts of the Application may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the Application to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, all or some parts of the Application may then be inaccessible or not function properly.

  • Promotion by the Company. If you do not want us to use your contact information to promote our own or third parties’ products or services, you can opt-out by logging into the Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an emailstating your request to support@feedbackapp.ca

Consent

Feedback respects your privacy and, unless otherwise required by law, Feedback will not collect, use or disclose your personal information without your prior consent. Your consent may be expressed or implied. You may expressly give your consent in writing, verbally or through any electronic means.  In certain circumstances, your consent may be implied by your actions.  For example, providing Feedback personal information to register for the Offering is implied consent to use such information to provide you the associated Services and as otherwise provided for in this policy.

Where appropriate, Feedback will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Feedback wants to use information for a purpose other than those identified above).  In obtaining consent, Feedback will use reasonable efforts to ensure that a customer is advised of the identified purposes for which personal information collected will be used or disclosed.

The form of consent sought by Feedback may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Feedback shall take into account the sensitivity of the personal information and the reasonable expectations of Feedback’s users.  Feedback will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. In order to withdraw consent, you must provide notice to Feedback in writing.  

Feedback will retain personal information for only as long as required to fulfill the identified purposes or as required by law. personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by Feedback.

Storage Outside of Canada

Your personal information may be used or stored by Feedback or Feedback’s service providers outside of Canada. If your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.

Links to Other Websites and Social Network Plug-Ins

You may be able to access third-party websites through links available on or through the Offering. You may also connect to social media online services such as Facebook, Google, Twitter and Instagram.

Any links are provided for your convenience. Feedback does not have any control over those third-party websites and Feedback does not provide any guarantee that the privacy practices of the hosts of those websites or networks meet Feedback’s standards. Your use of such third-party websites is at your own risk and will be governed by the privacy policies of those websites and not by this privacy policy. Do not transmit personal information using those websites without reading the privacy policies governing those websites.

NOTE that you may choose to log-in to or register for Feedback’s Services through social media online services (e.g., Facebook, Google, Twitter or Instagram).  When you do so, Personal Information from your social media service account may be shared with Feedback. The information Feedback may receive varies by such services and is controlled by that service. By associating an account managed by a third party with your Feedback account and authorizing Feedback to have access to this information, you agree that Feedback may collect, store, and use this information in accordance with this privacy policy. Feedback is not responsible for how those third parties use and share your Personal Information. Please refer to those third parties’ privacy policies to understand how they use and share your Personal Information.

You may create links between Feedback’s website and social media online service.  If you do so, Feedback may be able to publish updates about Feedback’s Services to your social media service accounts through the links that you establish. You may terminate those links at any time by modifying your social network account.

You may change the way social media sites and Feedback’s sites interact by modifying your privacy settings in your social media account. You can also log-out of your social media account before using Feedback’s Services. For more information, please refer to your social media site's privacy policy, which governs your use of these social plug-in features.

Accessing and Correcting Your Personal Information  

You can review and change your personal information by logging into the Application and visiting your account profile page.

 

You may also send us an email at support@feedbackapp.ca to request access to, correct, or delete any personal information that you have provided to us.

 

Feedback will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. You  may challenge the accuracy and completeness of the information and have it amended as appropriate.

NOTE: In certain circumstances, Feedback may not be able to provide access to all the personal information it holds about you.  Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. Feedback will provide the reasons for denying access upon request.

In many cases, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

If you delete your User Contributions from the Application, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Application users.

 

Data Security  

 

 Feedback protects your personal information by security safeguards appropriate to the sensitivity of the information.  Feedback will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.

Feedback’s methods of protection include:

  • Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to Feedback's place of business in general and to internal offices as well;

  • Organization measures, such as security clearances and limited access on a need to know basis; and 

  • Technological measures, such as the use of passwords, firewalls and encryption

Any payment transactions will be encrypted using SSL technology.

 

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We urge you to be careful about giving out information in public areas of the Application like message boards.

 

    Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

 

Changes to Our Privacy Policy  

    

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email and/or text message to the primary email address and/or phone number specified in your account, or via an in-App alert the first time you use the App after we make the change.

 

    The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.

 

Contacts, Complaints and Challenges  

 

An individual will be able to make inquiries and/or address a challenge concerning compliance with this privacy policy to Feedbaack’s Privacy Officer.

Feedback will maintain procedures for addressing and responding to all inquiries or complaints from users about Feedback’s handling of personal information. Feedback shall investigate all complaints. All inquiries or complaints involving Feedback’s handling of personal information or compliance with this privacy policy or with applicable law shall be directed to Feedback’s Privacy Officer.

The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt.  The Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If Feedback finds a complaint to be justified, it will take appropriate measures, including, if necessary, amending its policies and procedures.

For more information, please contact Feedback’s Privacy Office as follows:

E-mail:. privacy@feedbackapp.ca

Mail:

Feedback Inc.
#4127 240 Richmond Street West,

Toronto, Ontario

M5V1V6

TERMS AND CONDITIONS OF SERVICE

September 15,,  2017


 

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING OUR OFFERING (as defined below).  THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS REPRESENTATIONS, WARRANTIES, CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING AN INDEMNITY FROM YOU, LIMITATIONS AND EXCLUSIONS ON LIABILITY, A FORUM SELECTION CLAUSE, AND A WAIVER OF CLASS ACTION DISPUTES.

 

THESE TERMS ARE EFFECTIVE UPON ACCEPTANCE.   WHEN YOU REGISTER FOR AN ACCOUNT WITH FEEDBACK, YOU ACCEPT THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS.    IF YOU DO NOT REGISTER AN ACCOUNT WITH FEEDBACK, THESE TERMS ARE  EFFECTIVE THROUGH ANY ACCESS TO OR USE OF THE OFFERING (AS DEFINED BELOW). 

 

IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TERMS, YOU MUST NOT USE THE OFFERING AND MUST CEASE ANY USE OF THE OFFERING IMMEDIATELY.

 

We reserve the right to change these Terms from time to time by changing them on this page.

 

These Terms apply to your use of the Feedback Inc. (“Feedback”) website at www.feedbackapp.co or www.feedbackapp.ca  (the "Website"), the Service and the Application (each as defined below and the Website, the Service and the Application collectively referred to as the “Offering”) as well as to all information, recommendations, goods and/or services provided to you on or through the Offering.

 

These Terms are between You and Feedback. Neither Google Inc. (“Google”) or Apple Inc. (“Apple”) are parties to these Terms.  Feedback, and not Google or Apple, is solely responsible for the Application and the Services according to these Terms.  You are solely responsible for User Content (as defined below) and as otherwise described in these Terms.

 

You may contact Feedback by e-mail at support@feedbackapp.ca with questions about these Terms.

 

FEEDBACK INC.

Feedback Inc. is a company registered in Ontario, Canada with offices located at 240 Richmond Street West, Suite 4127, Toronto, ON, Canada, M5V 1V6.

OUR SERVICES

 

We provide information and a digital marketplace for food and related products and services (“Goods”), and a means for you to place orders ("Orders") for Goods from third party restaurants and similar establishments ("Restaurants"), which may be requested through the use of an application supplied by Feedback and downloaded and installed by you on a device ("the Application"). All services provided by Feedback to you by means of the Application are referred to as the "Service(s)".

 

PRIVACY

 

In order to operate and make the Offering available, Feedback collects, uses and discloses certain personal information about you.  

 

The personal information you provide via any part of the Offering will be collected, used, managed and disclosed in accordance with our Privacy Policy (“Privacy Policy”) located at www.feedbackapp.ca/legal or www.feedbackapp.co/legal, www.feedbackapp.ca/privacy-policy or www.feedbackapp.co/privacy-policy which is hereby incorporated into and forms a part of these Terms

 

PRE-REQUISITES OF USE

In order to be able to use the Application, you first need to enroll with Feedback. When signing up or in placing an Order, you may need to provide Feedback with certain personal information, including your first and last name, email contact, mobile telephone number and payment card data. Upon successfully signing-up with Feedback, Feedback will provide you with a personal account, accessible for you with a password of your choice.

 

In connection with your use of the Application or Feedback’s provision of Service, Feedback may send you electronic messages. These electronic messages may be sent for various reasons, including for security purposes, issues related to an Order you placed or to notify you of offers and availability.. By using the Application, you agree and consent to receiving such electronic messages. If you wish to no longer receive such messages, you can click the unsubscribe link in any email, reply STOP to any text, or adjust your notification preferences in the Application. Unsubscribing from certain types of messages may result in our no longer being able to offer the Application or Services to you.

 

If you reside in a jurisdiction that restricts the use of the Service or Application because of your age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Application. You represent that if you are an individual, you are of the age of majority to enter into a binding contract, or that if you areand registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for use of the Application and the receipt of Services.

 

Subject to the foregoing:

 

  • The Services are not intended for children under the age of 13 and no person under the age of 13 may use the Services.  

  • If You use the Services, You represent and warrant to Feedback that you are at least 18 years of age or, if you are 13 years of age or older up 18 years of age, you represent that you have reviewed these Terms and the Privacy Policy with your parent or legal guardian, that they have expressly consented to your use of the Services in accordance with these Terms and the Privacy Policy and that they have agreed to these Terms on Your behalf.


 

Feedback reserves the right at all times and for any reason to not provide or to cease providing Services or access to the Application to You or to any group of subscribers or to all subscribers.

USE OF THE APPLICATION

The Application allows you to send Orders to Restaurants.  The Restaurant has sole and complete discretion to accept, reject or cancel anyeach Order. Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund unless your Order is rejected or cancelled by the Restaurant. Restaurants have the discretion to reject Orders at any time and for any reason.

 

The Application notifies you of the time window and name of Restaurant/location to pick up your Order. Neither Feedback nor the Restaurant guarantee that your Order will be ready for pick-up within allotted time.

 

Feedback does not provide the Goods, and Feedback is not a restaurant. It is up to you and the Restaurant to transact and finalize Orders for Goods, with Feedback playing an informational exchange role by providing the platform (the Application) via which such agreement(s) can be conducted. Feedback only acts as intermediary between you and the Restaurant. The provision of the Goods and fulfillment of any Orders by the Restaurant to you is subject to the agreement, whether express, oral, written or implied, ( to be) entered into between you and the Restaurant, and Feedback is in no way a party to such agreement. Furthermore, some portions of the Offering may entail your use of third party links, technology or applications (e.g., GPS locating).  Feedback makes no representations or warranties with respect to such third party components, and your use of such components is entirely between you and such third parties and subject to such third parties’ applicable terms. 

APPLICATION LICENSE

Subject to your compliance with these Terms, Feedback grants you a limited, revocable, non-exclusive, non-transferable and non-sublicense-able license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.


 

CONTENT LICENSE GRANT, RESTRICTIONS AND INTELLECTUAL PROPERTY AND COPYRIGHT POLICY

To these Terms, tThe following definitions apply:

 

"Content" means all content featured or displayed on the Application or Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"Feedback Inc. Content" means Content owned or used by Feedback Inc., its affiliates or licensors and made available through the Offeringe Website, Service or Application, including any Content licensed from a third party, but excluding User Content.

"User" means a person who accesses or uses the OfferingService or Application.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on or through the Offeringthe Website or through the Service or Application, including but not limited to any ideas, suggestions, commentary or feedback (“Product Input”).

"Collective Content" means, collectively, Feedback Inc. Content and User Content.

 

Subject to your compliance with these Terms, Feedback grants you a limited, revocable, non-exclusive, non-transferable and non-sublicense-able license:

 

  1. to view, download and print any Feedback Content solely for your personal and non-commercial purposes; and

 

  1. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

 

Unless otherwise stated, the copyright and other intellectual property rights in the Offering and in material published on it (including without limitation photographs and graphical images) are owned by Feedbackus, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world, and all rights therein are reserved. Any use of extracts from the Offering other than in accordance with these Terms is prohibited.

 

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Offering, including any Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of Feedback. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Feedback or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.

LICENSE GRANTED BY USER

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on or through the Offering. User Content will be deemed non-confidential and non-proprietary. By providing User Content to Feedback, you grant Feedback a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use, on or in any of the Offering, any of your User Content and/or for developing and marketing products, services or Ccontent, without any obligation to you or third parties, including without any requirement for Feedback to provide Yyou with any credit, notice, approval or compensation for any such use.  You further waive any and all of your moral rights in the User Content.

 

You acknowledge that Feedback only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Feedback does not continuously monitor User Content published by you or moderate between Users, nor shall Feedback be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Feedback.

 

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements or otherwise violate any applicable law. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

 

Feedback reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Feedback believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Feedback.

.

You agree to promptly notify Feedback in writing of any User Content which breaches these Terms. You agree to provide to Feedback sufficient information to enable Feedback to investigate whether such User Content breaches these Terms. Feedback agrees to make good faith efforts to investigate such complaint and shall take such action as Feedback in its sole discretion decides. However, Feedback Inc. does not warrant or represent that it will block or remove (in whole or in part) such User Content.

APPLICATION LICENSE

Subject to your compliance with these Terms, Feedback grants you a limited, revocable, non-exclusive, non-transferable and non-sublicense-able license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.

YOUR ASSURANCES TO US

You represent and warrant that any information you provide on the Application and otherwise to Feedback is complete and accurate and that you will update such information as it changes.  

 

It is your responsibility to ensure that you download the correct Application for your device and to install all updates in a timely manner.

 

By using the Application or accepting any Services, you agree that:

 

  1. You will only use the Services or download the Application for your sole, personal use and will not resell it to any third party;

  2. You will: (i) provide true, accurate, current and complete information; (ii) maintain and promptly update the information yYou provide to Feedback; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by Feedback for such field.  

  3. You will not authorize anyone else to use your account;

  4. You are solely responsible for: (i) the confidentiality and security of your login methods; and (ii) all activities that occur via your login methods and/or your account.

  5. You will not assign or otherwise transfer your account to any other person;

  6. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

  7. You will not use the Offering Service or Application  for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

  8. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Offering.

  9. You will not use the Offeringe Service or Application to cause nuisance, annoyance or inconvenience;

  10. You will not knowingly or recklessly impair the proper operation of any network or platform on which the Offering Application resides or through which you access any part of the Offeringthe Application or any Service;

  11. You will not try to harm the Offering Service or Application in any way whatsoever;

  12. You will not copy or distribute the Application or other content on or associated with the Application or Services without written permission from Feedback;

  13. You will keep secure and confidential your account password or any identification we provide you which allows access to the Offering Services or the Application;

  14. You will provide us with whatever proof of identity we may reasonably request;

  15. You will only use the our Offering Application or Service through a connection you are authorized to use;

  16. You are aware that when Services may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;

  17. You understand that the OfferingApplication and Services will entail network and data usage, and that you are responsible for all associated charges.

  18. You will comply with all applicable laws including, federal, provincial and/or municipal laws of the area in which you are present while using the Application or Service.

  19. You will immediately notify Feedback of any actual or suspected loss, theft or unauthorized use of your login methods or account, or any other security breaches of which you become aware.

 

You further agree that you will not:

 

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Offering in any way;

  2. modify or make derivative works based upon the Offering;

  3. create Internet "links" to the Services or "frame" or "mirror" any part of the Application on any other server or wireless or Internet-based device;

  4. reverse engineer the Application.

  5. design or build a product using similar ideas, features, functions or graphics of the Services or Application, or

copy any ideas, features, functions or graphics of the Offering;, or

  1. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Offering (including by hacking or "scraping").

  2. send spam or otherwise duplicative or unsolicited messages of any kind (including "commercial electronic messages" under Canada's Anti-Spam Legislation ("CASL")) in violation of applicable laws;

  3. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

  4. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

  5. interfere with or disrupt the integrity or performance of the Offering or the data contained therein; or

  6. attempt to gain unauthorized access to the Offering or its related systems or networks.

 

You acknowledge that Feedback has no obligation to monitor your access to or use of the Offering or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Offering, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Feedback reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Feedback Inc., at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Offering.

 

PAYMENT

The Application itself is available to you free of charge. Feedback reserves the right to introduce a fee for the use of the Application and/or certain Services at any time and in its sole discretion, provided that it will inform you accordingly.  

.

Feedback will charge you, on behalf of the Restaurant, for the Order(s) placed by you. You agree that Feedback may charge your credit card account as provided and updated by you, in respect of your Order(s) (including any taxes and applicable charges) or other Services received. You are responsible for keeping valid payment card information updated at all times for any Orders or other Services.  Any payment made is non-refundable.

Feedback Inc. uses a third-party payment processor (the "Payment Processor") to link the payment card you provide to the Application and Services. The processing of payments or credits, as applicable, will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. Feedback is not responsible for any errors or other acts or omissions of the Payment Processor.

INDEMNIFICATION

You agree that you will indemnify and release Feedback, its affiliates, its licensors, and each of their officers, directors, other users, employees, contactors, agents and representatives (collectively, “Representatives”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including any Restaurant, and including any breach of third party privacy or intellectual property rights; (iii) any damage to person or property caused in whole or in party by you or your representatives, including with respect to any Restaurant; (iv) your use or misuse of the Application or Services; (v) any User Content posted by you or otherwise under your direction, control or responsibility.

LIABILITY

The information and content provided to you on or through the Offering are for general information purposes only and do not constitute advice. YOUR USE OF ALL OR ANY PART OF THE OFFERING ARE AT YOUR SOLE RISK. THE OFFERING IS PROVIDED ON AN "AS IS" AND "AS AND WHEN AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) FEEDBACK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) FEEDBACK MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE OFFERING WILL MEET YOUR REQUIREMENTS; (ii) THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, VIRUS-FREE OR FREE FROM UNINTENDED PROBLEMS SUCH AS MALWARE OR ADWARE; (iii) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER CONTENT PURCHASED OR OTHERWISE MADE AVAILABLE TO OR OBTAINED BY YOU THROUGH OFFERING WILL BE ERROR FREE, TO ANY QUALITY STANDARD OR WILL OTHERWISE MEET YOUR EXPECTATIONS; AND (C) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND FOR GREATER CLARIFTY, FEEDBACK MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD PARTY, INCLUDING RESTAURANTS,  NON-FEEDBACK CONTENT OR GOODS.

 

FOR CLARITY AND WITHOUT LIMITATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEEDBACK SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY OF THE DISCLAIMED MATTERS IN THE FOREGOING PARAGRAPH.  FEEDBACK SHALL FURTHER NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) ELECTRONIC MEANS OF COMMUNICATION WITH THE OFFERING, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, OR INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FEEDBACK AND ITS REPRESENTATIVES NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FEEDBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  WITHOUT LIMITING ANY OF THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, FEEDBACK’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT OR VIA ANY OTHER CAUSE OF ACTION SHALL IN NO EVENT EXCEED CAD $100.

 

THIS SECTION OF THE TERMS WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND INJURY), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, AND WILL APPLY WHETHER OR NOT ANY DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.

 

Some jurisdictions do not allow certain limitations on warranties or limitations of liability, and so some of these limitations may not apply to you.

INTELLECTUAL PROPERTY OWNERSHIP

Feedback alone (and its third-party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Offering and any Input provided by you or any other party relating to the Offering.

 

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Offering. Feedback's name, logo, and the product names associated with the Offering are intellectual property rights of Feedback, its affiliates or third parties, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During the use of the Offering, links to websites or applications that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase Goods from, and participate in promotions of third parties. These links take you off the Offering and are beyond Feedback Inc.'s control. The websites or other applications you can link to may have their own separate terms and conditions as well as a privacy policy. Feedback is not responsible or liable for the content and activities of these websites, applications or third parties. You therefore visit or access these destinations entirely at your own risk.


 

In using the Offering, you may enter into correspondence with, purchase Goods from, or participate in promotions of Restaurants, advertisers or sponsors through one or more links.  These links take you off of the Offering and are beyond Feedback's control. The websites or other applications you can link to may have their own separate terms and conditions as well as a privacy policy. Feedback is not responsible or liable for the content and activities of these websites, applications or third parties. You therefore visit or access these destinations entirely at your own risk.

PROMOTIONS

Feedback may, in Feedback's sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third-party provider's Goods, subject to any additional terms that Feedback establishes on a per promotion basis ("Promotion"). You agree that Promotions:

  1. Must be used for the intended audience and purpose, and in a lawful manner;

  2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Feedback;

  3. May be disabled by Feedback at any time for any reason without liability to Feedback;

  4. May only be used pursuant to the specific terms that Feedback establishes for such Promotions;

  5. Are not redeemable for cash; and

  6. May expire prior to your use.

 

Certain Promotions may only be available to new users. New users are unique natural persons who have not yet created a Feedback account.

 

Feedback reserves the right to delay delivery of Promotion benefits pending verification that a user has complied with the terms of the Promotion, including verification of the user's identity. Feedback users that make a referral code available to others must not make any false or misleading representations related to Feedback or the benefits a new user may receive upon signing up for Feedback. Feedback reserves the right to deduct credits or other features or benefits obtained through the use of Promotions by you or any other user in the event that Feedback determines or believes that the use or redemption of the Promotion was in error, fraudulent, illegal, or in violation of the applicable Promotion terms or these Terms.

Feedback credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on the Application or for a Service exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. Feedback Promotions cannot be combined with any codes or other promotions.


 

TERMINATION

 

You are entitled to terminate your use of the Application and any related Services at any time by permanent deletion of the Application installed on your device, thus disabling the use by you of the Application and the Services.  Without limiting Feedback’s other discretionary cessation rights in these Terms., Feedback is entitled to terminate your use of the Offering at anytime without notice and with immediate effect (including by disabling your use of the Application and any related Services) if you violate or breach any term of these Terms, or in the opinion of Feedback, misuse the Application or the Services. Please note that in the event of termination or account cancellation, Feedback does not have an obligation to delete or return to you any of your or other User Content, you will remain liable for all amounts due hereunder, and any provision that by its nature is intended to survive the termination of these Terms will survive such termination.

 

ENTIRE AGREEMENT

The Terms constitutes the entire agreement between you and Feedback and govern your use of the Offering, superseding any prior version of these Terms between you and Feedback.

WAIVER AND SEVERABILITY OF TERMS

The failure of Feedback to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

MODIFICATION OF THE SERVICE AND TERMS

Feedback reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue all or any part of the Offering (including without limitation, the availability of any feature, database or content) at any time by posting a notice on the Website or Application or by sending you notice through the Offering or via email or text. Feedback may also impose limits on certain features and services or restrict your access to parts or all of the Offering without notice or liability.

NOTICE

Feedback Inc. may give notice by means of a general notice on the Offering, or by electronic mail or text to your email address or number on record in Feedback's account information, or by written communication sent by regular mail to your address if on record in Feedback's account information.

ASSIGNMENT

You may not assign your rights under these Terms without prior written approval of Feedback.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are subject to the laws in effect in the province of Ontario and the federal laws of Canada applicable therein. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Offering (collectively, "Disputes") will be settled exclusively by the competent court in Toronto, Ontario, Canada and you agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

INDEPENDENT CONTRACTORS

 

For all purposes, Feedback and you are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.

 

WAIVER OF CLASS ACTIONS

To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Offering or these Terms must be individually named. You hereby waive any right you may have for any dispute pertaining to the Offering or these Terms to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.

 

FORCE MAJEURE

 

Without limiting the foregoing provisions of these Terms, Feedback will not be liable under these Terms because of a failure or delay in performing hereunder on account of any cause beyond Feedback’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, or governmental action.

 

INTERPRETATION

 

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these Terms. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these Terms isare the language chosen by the parties to express their mutual intent, and no rule of strict construction or contra proferentem will be applied against any party.

 

LANGUAGE OF THIS AGREEMENT

 

It is the express wish of the parties that these Terms be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

 

PROMOTIONS

Feedback may, in Feedback's sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third-party provider's Goods, subject to any additional terms that Feedback establishes on a per promotion basis ("Promotion"). You agree that Promotions:

  1. Must be used for the intended audience and purpose, and in a lawful manner;

  2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Feedback;

  3. May be disabled by Feedback at any time for any reason without liability to Feedback;

  4. May only be used pursuant to the specific terms that Feedback establishes for such Promotions;

  5. Are not redeemable for cash; and

  6. May expire prior to your use.

 

Certain Promotions may only be available to new users. New users are unique natural persons who have not yet created a Feedback account.

 

Feedback reserves the right to delay delivery of Promotion benefits pending verification that a user has complied with the terms of the Promotion, including verification of the user's identity. Feedback users that make a referral code available to other must not make any false or misleading representations related to Feedback or the benefits a new user may receive upon signing-up for Feedback. Feedback reserves the right to deduct credits or other features or benefits obtained through the use of Promotions by you or any other user in the event that Feedback determines or believes that the use or redemption of the Promotion was in error, fraudulent, illegal, or in violation of the applicable Promotion terms or these Terms.

Feedback credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on the Application or for a Service exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. Feedback Promotions cannot be combined with any codes or other promotions.